Law: Constitution of Pakistan 1973

Section: 199

Law: Cooperative Societies Act, 1925

Section: 43

Tagline

Scope of Judicial Review in Cooperative Disputes: The constitutional jurisdiction under Article 199 of the Constitution is supervisory, not appellate, and cannot be used to reappraise evidence or disturb concurrent findings of fact made by cooperative authorities unless a patent jurisdictional defect, procedural illegality, or violation of natural justice is established.

Summary

The Petitioner, former Chairman of the Jammu and Kashmir Cooperative Housing Society (J&KCHS), filed a writ petition under Article 199 of the Constitution challenging his removal from office. The removal was ordered by the Registrar, Cooperative Societies, ICT (Respondent No. 5) and subsequently upheld on appeal by the Secretary Cooperative, ICT (Respondent No. 6). The allegations against him included making unauthorized representations in judicial forums, executing unlawful appointments and terminations in violation of the Society’s Bye-laws, and submitting a forged document bearing a counterfeit stamp.

The Petitioner contended that the inquiry was procedurally flawed, was conducted in a cursory manner without examining witnesses or providing an opportunity for cross-examination, and thus violated Rule 57 of the Islamabad Cooperative Societies Rules, 2018, and the principles of natural justice. Conversely, the Respondents challenged the maintainability of the petition, arguing it was a disguised second appeal in the absence of a statutory provision for one.