| Citation(s) |
|---|
| 2025 SLG 3864 2025 SLD 3864 = 2025 SHC 1597 |
CP No. D–5136 of 2023 A N D CP No. D–4623 of 2024
Sana Akram Minhas J
Mr. Muhammad Najeeb Jamali, Advocate for Petitioner (in CP No.D–5136 / 2023) Mr. Ahmed Ali Hussain, Advocate for Petitioner (in CP No.D–4623 / 2024) Mr. Muhammad Vawda, Advocate for
Respondent Society (Sadaf Coop. Housing Society Ltd) Ms. Humaira Jatoi, Advocate for Sindh Master Plan Authority Mr. Shahryar Qazi, AAG along with Mr. Ghulam Muhammad Memon, Assistant Registrar, Cooperative Societies Sindh
( Tanveer ul Hassan & Others v. Province of Sindh & Others ) ( Yasir Ali & Others v. Province of Sindh & Others )
Law: Sindh Cooperative Housing Societies Act, 2020
Section: 9(5),9
Summary:
The case concerns the conduct of elections in Sadaf Cooperative Housing Society Ltd, focusing on voter eligibility. The court emphasized that elections must be held within 60 days, with voters limited to members who have been allotted specific plots as per the sanctioned Layout Plan of Sector 15-A. It rejected extending voting rights to individuals with pending or speculative allotments dependent on future layout approvals. The directions include the formation of an Election Committee, preparation of a valid voter list based on allotted plots, and strict compliance with the Sindh Cooperative Societies Act, 2020, and Society Byelaws. The case disposed of Constitution Petitions CP No.D-5136 of 2023 and CP No.D-4623 of 2024.
Core Points:
- Election of Society’s President and Managing Committee to be held within 60 days.
- Voter eligibility restricted to members allotted plots with specific plot numbers in sanctioned Layout Plan (Sector 15-A).
- Voting rights denied to persons with pending or speculative allotments in unapproved sectors (15-B, 12-B/3).
- Election Committee to be constituted per Rule 9(5) of the Sindh Cooperative Societies Rules, 2020.
- Voter list to be prepared strictly from the list of allotted plot-holding members.
- Election Committee to ensure candidate eligibility as per Act 2020, Rules, and Society Byelaws.
- Election disputes regarding membership claims to be resolved by competent forums, not the Election Committee.
- Publication of election schedule in Urdu and English newspapers required.
- Registrar Cooperative to notify election results and submit compliance report to Court.
- Interim orders to remain operative until elections and transfer of management.
Law and Section Table
| Law/Rule/Bylaw | Section/Rule/Bylaw No. | Citation/Source |
|---|---|---|
| Sindh Cooperative Societies Act | 2020 | Governing law for cooperative societies |
| Sindh Cooperative Societies Rules | Rule 9(5) | Election Committee constitution |
| Sindh Cooperative Societies Rules | Rule 9 | Election conduct and eligibility |
| Society Byelaws | Byelaw 8 & 8(a) | Membership limited to number of plots |
| Society Byelaws | Various (mentioned) | Voter eligibility and management |
1. Sana Akram Minhas J: The learned Counsel for the Petitioners and for the Respondent Sadaf Cooperative Housing Society Ltd (“Societyâ€) are in agreement that the Society’s elections have not been conducted for several years and must now be held without further delay, as doing so would substantially contribute to resolving the disputes between the parties.