| Citation(s) |
|---|
| 2026 SLG 189 2026 SLD 189 = 2025 SHC 1917 = 2025 SHC 1915 |
Const. P. 5868/2023 / Const. P. 2565/2024
Before: Yousuf Ali Sayeed & Sana Akram Minhas JJ
Petitioner Society (in CP No.D–2565/2024): Through, Mr. Khawaja Shams ul Islam, Advocate Petitioner Shabbir Ahmed (in CP No.D–5868/2023): Through, Mr. Khalil Ahmed Siddiqui, Advocate Intervenor (Shabbir Ahmed) (CMA No.16897/2024 in CP No.D–2565/2024): Through, Mr. Muhammad Nadeem Khan, Advocate & Mr. S.M. Intikhab Alam, Advocate Intervenor (Magsi Family) (CMA No.22150/2024 in CP No.D–2565/2024): Through, Mr. S.M. Intikhab Alam, Advocate holding brief for Mr. Najamuddin Magsi, Advocate Official
Respondent(s): Through, Mr. Sibtain Mehmood Additional Advocate General, Sindh along with Assistant Registrar(s), Cooperative Societies viz. Mr. Ghulam Muhammad & Mr. Awais Taj Arain Date(s) of Hearing: 17-4-2025, 29-4-2025, 21-5-2025 & 26-5-2025 Date of Decision: 21-7-2025
( Tipu Sultan Cooperative Housing Society Ltd
VS
. Province of Sindh & Others )
Law: Sindh Cooperative Housing Societies Act, 2020
Section: 12(2), 60, 9(2), 9(4), 9(5)
Law: Constitution of Pakistan, 1973
Section: 199
CASE SUMMARY
The Tipu Sultan Cooperative Housing Society challenged an order of the Registrar, Cooperative Societies, Sindh, which directed the Society to hold fresh elections for its President and entire Managing Committee, despite elections having already been conducted recently.
The High Court had earlier suspended the Registrar’s order and directed elections to be held in December 2024. The Society complied and conducted elections on 25.12.2024. However, after the elections, the Registrar declared them null and void and froze the Society’s bank accounts, citing lack of an Election Officer, absence of quorum, and non-compliance with statutory rules.
The Court held that: