| Citation(s) |
|---|
| 2026 SLD 3292 = 2026 SHC 120 |
Sindh High Court
C.P.No.D-6210 of 2025
Presented By: Mr. Justice Adnal-ul-Karim Memon Mr. Justice Abdul Mobeen Lakho
Dare of hearing and orders 23-01-2026 Mr.Taha Abdul Samad, Advocate for the Petitioner. Mr.Mehran Khan, A.A.G. Mr.Zahid Ali, Election Officer/Inspector Cooperative Department, Government of Sindh is present. Malik Waseem Iqbal, Advocate for Interveners. Mr.Zahoor Ahmed Chachar, Advocate for Interveners. Mr.Nasrullah Korai, Advocate for Interveners. Mr.Aslam Shaikh, Advocate/Intervener in person.
C.P.No.D-6210 of 2025
Presented By: Mr. Justice Adnal-ul-Karim Memon Mr. Justice Abdul Mobeen Lakho
Dare of hearing and orders 23-01-2026 Mr.Taha Abdul Samad, Advocate for the Petitioner. Mr.Mehran Khan, A.A.G. Mr.Zahid Ali, Election Officer/Inspector Cooperative Department, Government of Sindh is present. Malik Waseem Iqbal, Advocate for Interveners. Mr.Zahoor Ahmed Chachar, Advocate for Interveners. Mr.Nasrullah Korai, Advocate for Interveners. Mr.Aslam Shaikh, Advocate/Intervener in person.
(Parkash Kumar and others vsProvince of Sindh and others)
Law: Constitution of Pakistan, 1973
Section: 199
Law: Sindh Cooperative Housing Societies Act, 2020
Section: 9(4)
Summary The petitioners challenged the Registrar's letter postponing the scheduled elections of Makhdoom Bilawal Cooperative Housing Society, arguing that it was illegal, without jurisdiction, and based on an incorrect interpretation of Rule 9(4) of the Sindh Cooperative Societies Rules, 2020. They contended that the President's tenure is separate from that of the Managing Committee and that the elections should proceed as scheduled. The interveners, who were also election candidates, requested that the election process continue and that their objections regarding the voters' list and election procedure be decided by the Election Officer. The Court held that the disputes regarding the voters' list and eligibility should be decided by an independent Election Officer. With the consent of the parties, it appointed the Official Assignee of the High Court as Election Officer to conduct free, fair, and transparent elections after verifying the voters' list according to the Society's bye-laws. The Court restrained all parties from interfering with the election process until completion and disposed of the petition. Sections Used 199, 9(4) Two 2-Word Descriptions Election Dispute Society Elections ORDER Petitioners prayed to pass judgment and orders in the following terms: Declare that the impugned letter dated 13.12.2025 issued by Respondent No. 02 is without lawful authority, illegal, mala fide, of no legal effect, and liable to be set aside; Declare that Rule 9(4) of the Sindh Cooperative Societies Rules, 2020, is liable to be read down to the extent that the restriction on contesting a third consecutive term applies only to members of the Managing Committee and does not extend to the office of the President of the Society; Suspend the operation of the impugned letter and restrain the Respondents from issuing or acting upon any further notifications, directions, or orders affecting or delaying the elections of Respondent No. 03; Appoint the learned Nazir of this Honourable Court as Receiver/Election Officer for the purpose of conducting free, fair, and transparent elections of Respondent No. 03, and direct that such elections be…