Case Details

Citation(s)
2026 SLD 3332 = 2026 SHC 519 = 2026 SHC 520 = 2026 SHC 521
Sindh High Court
C.P. No. D-787 of 2026, C.P. No. D-4458 of 2025, C.P. No. D-5184 of 2025, C.P. No. D-6266 of 2025, C.P. No. D-6267 of 2025, C.P. No. D-6271 of 2025, C.P. No. D-6273 of 2025, C.P. No. D-6274 of 2025, C.P. No. D-6275 of 2025, C.P. No. D-6276 of 2025, C.P. No. D-6277 of 2025, C.P. No. D-129 of 2029
Presented By: MR. JUSTICE ADNAN-UL-KARIM MEMON, J. MR. JUSTICE ZULFIQAR ALI SANGI, J.
Date of hearing and order:- 26.02.2026 Mr. Abd-e-Arhum, Advocate for Petitioners. Mr. Muhammad Vawda, Advocate for Petitioners. Mr. Zia-ul-Haq Makhdoom, Advocate for the
Respondents. Mr. Zohaib Sarki, Advocate for Petitioners. Mr. Khalil Ahmed, Advocate for Petitioners. Mr. Ahmed Raza Shah, Advocate Mr. Arshad Tayebaly, Advocate for the
Respondents. Mr. Muhammad Zeeshan Abdullah, Advocate for the
Respondents. M/s. Nadir Hussain, Taha Abdus Samad, Advocates. Ms. Nadia Mehak, Advocate Mr. Talha Javed, Advocate Mr. Abdul Jalil Zubedi AAG Ms. Rabia Saqib APG Mr. Saifullah, Phulpoto, Nazir of this Court.

(Muhammad Naeem & another

VS

Province of Sindh and others), (M/s Darul Aman Cooperative Housing Society vs Province of Sindh and others), (Karachi Cooperative Housing Societies Union Ltd & another vs Province of Sindh and others), (Bihar Muslim Cooperative Housing Societies Ltd vs Province of Sindh and others), (Muhammad Naeem & another vs Province of Sindh and others), (Nasim Cooperative Housing Society Limited vs Province of Sindh and others), (Ashraf Godil & another vs Province of Sindh and others), (M.S.G.P (School) Cooperative Housing Society Limited vs Province of Sindh and others), (Muhammad Younus & another vs Province of Sindh and others), (Faiyaz Ahmed & another vs Province of Sindh and others), (Abid Hussain Marvi & another vs Province of Sindh and others), (Muhammad Naeem & another vs Province of Sindh and others)

Law: Constitution of Pakistan, 1973

Section: 199

Summary The petitions challenged the validity of elections held on 27.12.2025 for the Karachi Cooperative Housing Societies Union, alleging that the scrutiny process was incomplete, nomination lists were unsigned, objections were not decided, quorum requirements were not met, and the Receiver exceeded his court-appointed authority. The petitioners sought to declare the elections and subsequent notification illegal and requested fresh elections. The respondents argued that the election process substantially complied with the High Court and Federal Constitutional Court's orders and that identical issues were already pending before the Federal Constitutional Court in contempt proceedings. The High Court held that the dispute directly overlapped with matters already under consideration by the Federal Constitutional Court, and in keeping with judicial propriety and comity, declined to decide the merits. The petitions were disposed of, leaving the parties free to seek appropriate remedies after the Federal Constitutional Court's decision. Sections / Articles Used Article 199, Constitution of Pakistan, 1973 Two 2-Word Descriptions Election Challenge Judicial Comity O R D E R  By this common Order, we intend to dispose of the instant constitutional petitions along with the connected application, as they arise out of the same set of facts and circumstances and involve identical and interrelated questions of law and fact. In the earlier round of litigation, the Petitioners had instituted C.P. No. D-4458 of 2025, which came to be disposed of by this Court vide Order dated 30.09.2025, whereby, inter alia, the Secretary, Cooperative Department, Government of Sindh, was appointed as Receiver with a limited mandate to oversee the financial affairs and day-to-day expenditures of the concerned Society, to supervise and finalize the membership list, and to conduct elections within a stipulated period, subject to the restrictions and directions contained therein. The Order further restrained the existing management and the Registrar from taking any steps that could impede the smooth conduct of elections and directed submission of a compliance report before this…
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