Law:

Section:

S. IBNE ALI, J: ‑‑The petition is addressed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 to invoke jurisdiction of this Court, to annul order of Registrar, Co‑operative Societies, N: W.F.P., respondent No.2, dated 23‑3‑1989, which has the origin in the facts, next to be narrated. The petitioners alongwith thirteen others figured as elected Directors and they constituted Board of Directors of Frontier Provincial Co‑operative Directors presently. They are listed in the impugned order, out of whom, four including petitioner No.2 have ceased to be the members of Central Board of Directors due to the expiry of their maximum tenure of six years as provided under section 6 (iii) of the N.‑W.F.P. Co‑operative Societies (Reform) Ordinance, 1982. Further, petitioner No.2 has incurred disqualification under bye‑law No.21 (i) (c) to hold the office of the Directorship also, because his two relatives, namely, Nadeem Zardad Clerk and Zahoor Ahmad Clerk are regular employees of the Frontier Provincial Co‑operative Bank. He is being served with show‑cause notice separately for knowingly concealing this fact in violation of the bye‑law just referred to. Besides, after creation of the new Districts of Swabi and Charsadda, a contention was'raised that Directors Banaras Khan and Mian Gul from Mardan District and likewise Mohammad Zaman and Hafeezullah from Peshawar District who were returned as Directors on foot of joint electorates as a sequel to elections held under bye‑law No.18 of the Bank should seek fresh mandate from their respective districts of domicile. The matter was referred to Legal Advisor of the Bank and he remitted an opinion that these four Directors stood disqualified and were no longer members of the Central Board of Directors of Frontier Provincial Co‑operative Bank. Ex consequent, their seats were declared vacant and are required to be filled in accordance with the bye‑laws of the Bank. Apart from the above, about 1/4th of the members of the Central Board were due to retipe in year 1989 under bye‑law No.18. In the manner stated above, eleven Directors, in all, have ceased to be the members of…