Case Details

Citation(s)
2026 SLG 2103 2026 SLD 2103 = 2026 SHC 384
Sindh High Court
C.P. No.D-744 of 2025/C.P. No.D-2243 of 2024/C.P. No.D-374 of 2025
Presented By: Mr. Justice Adnan-ul-Karim Memon Mr. Justice Zulfiqar Ali Sangi
Date of hearing and order:- 17.02.2026 Mr. Khan Zaman Khattak, advocate for the petitioners in C.P NoD-744/2025 & 374/2025. Mr. Muhammad Vawda, advocate for the petitioners in C.P No.D-2243/2024. Mr. Zohaib Sarki, advocate for the respondents. Mr. Abdul Khusheed Khan, advocate for interveners. Mr. Abdul Samad Memon, advocate for interveners. Mr. Ali Safdar Depar, AAG along with Mirza Ahmed Kamal, Registrar Cooperative Societies Department-III Karachi.

(Nazirullah Mehsood Advocate

VS

 Province of Sindh & others) (Quetta Town cooperative Housing Society vs Province of Sindh & others) (Nazrullah Mehsood Advocate vs Province of Sindh & others)

Law: Constitution of Pakistan, 1973

Section: 199

📌 Sections / Provisions Used Article 199, Constitution of Pakistan, 1973 Sindh Cooperative Societies Act, 2020 Society Bye-laws (Quetta Town Co-operative Housing Society Ltd.) 🧾 Case Summary This case relates to disputes within a cooperative housing society regarding membership, voters’ list, and upcoming elections. Multiple petitioners challenged exclusion from membership/voter lists, the legality of election procedures, and certain administrative orders. Key issues raised included: Inclusion of eligible members in voters’ list Validity of election process without proper rules Challenge to Registrar’s orders Allegations of mala fide actions by society management The Court observed that: Election process required transparency and compliance with law and bye-laws Prior court directions were not properly implemented Fair elections could not be ensured without supervision To resolve the dispute: The Nazir of the Court was appointed as Election Commissioner Commissioner was directed to supervise elections, verify membership, and prepare voters’ list Society was ordered to cooperate fully Elections to be conducted within 2 months under supervision Result: Petitions disposed of with election supervision directions ⚖️ Key Legal Principle Cooperative society elections must ensure fairness, transparency, and lawful voter inclusion under statutory supervision. 🏷️ 2–Word Case Description “Supervised Elections” O R D E R The petitioners have filed Constitutional Petitions under Article 199 of the Constitution of Pakistan, 1973, concerning the Quetta Town Co-Operative Housing Society Ltd., Scheme 33, Karachi.   In C.P. No. 744 of 2025, the petitioner seeks inclusion in the society’s members’ list and a status quo on the upcoming elections.   In C.P. No. D-2243 of 2024, the petitioner challenges Order No. RCS/KYC/276/2024, claiming it is unconstitutional, illegal, and mala fide, and seeks its suspension and restraint on any coercive actions by the respondents.   In C.P. No. D-374 of 2025, the petitioners contend that the proposed elections are unlawful without proper election rules, challenge…
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