Law: Constitution of Pakistan, 1973

Section: 199

Law: Sindh Cooperative Housing Societies Act, 2020

Section: 55(1),55(2)

Summary of Case The petitioner, Pir Ilahi Bux Cooperative Housing Society, challenged an inquiry order issued by the Registrar Cooperative Societies, Sindh under Section 55(1) of the Sindh Cooperative Societies Act, 2020. The Registrar had appointed an Inquiry Officer to investigate alleged illegal construction on a reserved bus stop plot of the Society. The petitioner argued that the inquiry order was without jurisdiction because Section 55 requires a prior requisition from the Society, majority of the Managing Committee, or one-third of the members before an inquiry can be initiated. The petitioner claimed that no such statutory requirement was fulfilled and that the inquiry was based only on complaints from external persons, including a political representative. The respondents defended the inquiry, stating that it was initiated after complaints regarding misuse of society land and illegal construction, and that the purpose was to protect members' interests and determine facts. The Court held that the Registrar did not have suo motu power under Section 55(1) and could not initiate an inquiry merely on third-party complaints. Since no requisition was made by the Society, Managing Committee, or one-third members, the inquiry order was held to be without lawful authority and void ab initio. The Constitutional Petition was allowed, and the impugned inquiry order dated 26.12.2025 was set aside, while allowing future action if statutory requirements are properly fulfilled. Sections / Provisions Used Article 199, Constitution of Pakistan, 1973 Constitutional jurisdiction of High Court. Section 55(1), Sindh Cooperative Societies Act, 2020 Power and procedure for conducting inquiry into affairs of cooperative societies. Section 55(2), Sindh Cooperative Societies Act, 2020 Mandatory prerequisites before initiating inquiry. Case Description (2 Words Each) Jurisdiction Challenge Illegal Inquiry   ORDER Petitioner has filed this Constitutional Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, with the following prayer: -   Declare that the Impugned Order No. RCS/KYC/424/2025 Dated 26.12.2025, passed by Respondent…