Law: Constitution of Pakistan, 1973

Section: 199

Law: Sindh Cooperative Housing Societies Act, 2020

Section: 12, 13(2), 15(2), 9

Law: Code Of Civil Procedure, 1908.

Section: Order VII Rule 11

  Summary The petitioners sought constitutional relief under Article 199 of the Constitution, requesting the Court to declare the continued functioning of the Managing Committee of Latifi Cooperative Housing Society illegal because its tenure had expired and no fresh elections had been held. They argued that annual elections were mandatory under the Sindh Cooperative Societies Act, 2020, and despite directions from the Registrar and an undertaking given before the High Court, the elections were unlawfully delayed. The respondents objected to the petition on grounds of res judicata, availability of an alternate remedy, alleged suppression of facts, and pending bifurcation proceedings of the Society. They maintained that the election process had been delayed due to court proceedings and administrative issues. The Court held that the issue of bifurcation had already been decided in earlier proceedings and was separate from the statutory obligation to conduct elections. It ruled that the Managing Committee's continued functioning beyond its tenure violated the law and that the Registrar had failed to perform his mandatory statutory duty. Accordingly, the Court directed the Registrar to conduct free, fair, and transparent elections within one month, restrained the existing committee from making policy or financial decisions beyond routine administration, and disposed of the petition. Sections / Provisions Used Article 199, Constitution of the Islamic Republic of Pakistan, 1973 Section 12, Sindh Cooperative Societies Act, 2020 Section 13(2), Sindh Cooperative Societies Act, 2020 Section 15(2), Sindh Cooperative Societies Act, 2020 Rule 9, Sindh Cooperative Societies Rules, 2020 Order VII Rule 11, Code of Civil Procedure, 1908 (raised by respondents) Two 2-Word Descriptions Election Delay Society Governance O R D E R The petitioners have filed the captioned Constitutional Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, with the following prayer(s): -   Declare that the continued failure and inaction of Respondent No.2 (Registrar Cooperative Societies) in conducting the elections of the Managing Committee of the…