Law:

Section:

(a) Constitution of Pakistan--- ----Arts.199, 10-A, 23 & 24---Co-operative Societies Act (VII of 1925), S.17-B-- Constitutional petition---Right to fair trial---Provision as to property---Protection of property rights---Expulsion of a member of society---Opportunity of hearing-- Scope---Petitioner defaulted in payment of outstanding dues regarding cost of land and development charges as such, respondents cancelled the plots by refunding the deposited amounts, which order was assailed through present constitutional petition---Validity---Minute reading of S. 17-B of the Co-operative Societies Act, 1925, revealed that an opportunity of hearing was a must rather one was a deadly committer of default---In petitioner's case said proviso was missing, as admittedly the respondent had been issuing notices to the petitioner but he had not been afforded an opportunity of hearing, prior to cancellation of even provisional allotment of plots---Action of respondents had infringed petitioner's fundamental right of holding property as provided under Art.23 of the Constitution as well as undermined protection of his property rights as guaranteed by Art.24 of the Constitution---More so, the actions of respondents had seriously jeopardized the constitutional protection of due process of law provided under Art.10-A of the Constitution---Respondents had clearly breached the Fundamental Rights of the petitioner provided and protected under the Constitution---Case was sent back to the Secretary Co-operative for decision afresh after affording an opportunity of hearing to the petitioner---Constitutional petition was disposed of accordingly. (b) Administration of justice--- ---Principles of natural justice require that the aggrieved party be provided an opportunity of hearing and in all proceedings by whomsoever held, whether judicial or administrative, the principles of natural justice have to be observed if the proceedings resulted in consequences affecting the person or property or other rights of the parties concerned---Without participation of a party affected by an order or a decision, order amounts to an action without lawful authority. (c) Constitution of…