Law: Constitution of Pakistan, 1973

Section: 199

Law: Societies Registration Act, 1860

Section: 16-a,20

Case Summary This constitutional petition under Article 199 of the Constitution of Pakistan, 1973 challenged the authority of Respondent No.2 (a residents’ welfare association) which was allegedly operating within a cooperative housing society without lawful registration or statutory mandate. The petitioner sought: cancellation/supersession of Respondent No.2 under Section 16-A Societies Registration Act, 1860 audit of accounts restriction on security control and maintenance collection declaration that Respondent No.2 had no legal authority The Court examined whether Respondent No.2 could lawfully manage or interfere in the affairs of a registered Cooperative Housing Society governed under Sindh Co-operative Societies Act, 2020. It was found that: Respondent No.2 was not registered as a cooperative society its functions (security, maintenance, funds collection) fall under cooperative law, not Societies Registration Act, 1860 it lacked statutory authority and was acting coram non judice (without jurisdiction) The Court held that Respondent No.2 had no lawful authority to interfere in the society’s affairs, and directed it to cease such activities. The petition was disposed of with directions to enforce lawful governance. Sections Used Article 199 Constitution of Pakistan, 1973 Section 16-A Societies Registration Act, 1860 Section 20 Societies Registration Act, 1860 Sindh Co-operative Societies Act, 2020 Two-Word Case Descriptions Society Jurisdiction Unauthorized Control         O R D E R  Petitioner has filed this Constitutional Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, with the following prayer: - Issue a writ of mandamus directing the Government of Sindh, through the Registrar of Societies and other competent authorities, to forthwith exercise powers under Section 16-A of the Societies Registration Act, 1860, including supersession of the existing governing body of Respondent No.2 and appointment of an Administrator, pending determination of the legality and subsistence of its registration and restoration of lawful governance, Declare that the Respondent No.2 has no legal…