| Citation(s) |
|---|
| 2026 SLG 2252 2026 SLD 2252 = 2026 SHC 163 |
Sindh High Court
C.P. No.D-1773 of 2024
Presented By: Mr. Justice Adnan-ul-Karim Memon Mr. Justice Zulfiqar Ali Sangi
Date of hearing and order:-29.01.2026 Mr. Hanif Faisal Alam advocate for the petitioners. Mr. Abdul Jalil Zubedi AAG.
C.P. No.D-1773 of 2024
Presented By: Mr. Justice Adnan-ul-Karim Memon Mr. Justice Zulfiqar Ali Sangi
Date of hearing and order:-29.01.2026 Mr. Hanif Faisal Alam advocate for the petitioners. Mr. Abdul Jalil Zubedi AAG.
(Makli Co-operative Society Limited & others
VS
Province of Sindh & others)
Law: Constitution of Pakistan, 1973
Section: 199,4, 8, 10A, 18, 24
Law: Sindh Cooperative Housing Societies Act, 2020
Section: 59, 61 ,4(2)
📌 Short Summary The petitioners challenged an order and show-cause notice issued by the Registrar Cooperative Societies under the Sindh Cooperative Societies Act, 2020, alleging that the respondents acted without jurisdiction, without notice, and with mala fide intent to unlawfully take over the management of a cooperative housing society. They argued that the removal of elected office-bearers required due process under Section 59, and the simultaneous issuance of multiple coercive actions violated principles of natural justice and constitutional protections. The Court found that although the impugned order and show-cause notice could not be sustained in their present form, the proper remedy was to ensure fair elections. Therefore, instead of striking down the process entirely, the Court appointed a retired judge as an independent Election Officer/Administrator to conduct free, fair, and transparent elections within three months. 📚 Sections / Legal Provisions Used Article 199 – Constitution of Pakistan, 1973 Sections 59 & 61 – Sindh Co-operative Societies Act, 2020 Section 4(2) – Sindh Co-operative Societies Act, 2020 Articles 4, 8, 10-A, 18, 24 – Fundamental Rights (Constitution of Pakistan, 1973) Principles of natural justice (audi alteram partem) 🧾 2 Two-Word Descriptions Society Takeover Election Administrator O R D E R Through the instant constitutional petition, petitioners have filed under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, with the following prayer:- Declare that the order No. RCS/KYC/2024 dated 02.04.2024 (Impugned order) is arbitrary, without jurisdiction, and illegal, therefore liable to be set aside. Declare that the Show Cause Notice No. RCS/E/135/2025 (Impugned SCN) is arbitrary, devoid of any reason, and illegal, therefore liable to be set aside. The present petition arises out of a mala fide, arbitrary, and wholly without-jurisdiction attempt by Respondent No.2 to illegally take over the affairs of Petitioner No.1, a duly registered housing co-operative society. It appears that the Petitioners’ case is twofold, firstly,…