Case Details

Citation(s)
1990 SLD 478 = 1990 MLD 389
Sindh High Court
Constitutional Petition No. D-446 of 1989, decided on 4th December, 1989.
Presented By: Before Ajmal Mian, C.J. and Mukhtar Ahmed Junejo, J
Z. U. Ahmed for Petitioner. K.M. Nadeem, Asstt. A.-G. Sindh for
Respondents Nos.l to 4. M. A. M. Namazie for
Respondents Nos. 5 and 6.

KARACHI CO-OPERATIVE HOUSING SOCIETIES UNION Ltd.--Petitioner

VERSUS

GOVERNMENT OF SINDH and 6 others--Respondents

Law: Cooperative Societies Act, 1925

Section: 64-A

  Co-operative Societies Act (VII of 1925)-- ---S.64-A---Powers of Provincial Government and the Registrar to call for proceedings of subordinate Officers and to pass orders thereon---Provincial Government and the Registrar are empowered to call for and examine the record of any inquiry or the proceedings of any Officer subordinate to them for the purpose of satisfying themselves as to the legality or propriety of any decision or order passed and as to the regularity of the proceedings of such Officer---If in any case, it appears to the Provincial Government or the Registrar that any decision or order or proceedings so called for, should be modified, annulled or reversed the Provincial Government or the Registrar, as the case may be, may pass such order thereon as it or he may deem fit. Delegation of power-- --- Statute may authorise that functionary named may delegate or assign its work to any other functionary. Constitution of Pakistan (1973)-- ---Art.139--Rules of Business framed under Art.139 by the Governor cannot be treated as a part of the Constitution. Khetsidas Girdharilal v. Pratapmull Rameswar and others AIR (33) 1946 Cal. 197; T.B. Ibrahim, Proprietor, Bus Stand Tanjore v. The Regional Transport Authority; Tanjore AIR 1953 S C 79 ref. Constitution-- ---Constitution cannot be equated with a statute on a particular subject. A Constitution cannot be equated with a statute on a particular subject. The former is a sacred document, which provides the basic structures for the working of the various organs/functionaries of a State and the fundamental rights for the citizens. Nothing can be added or be read into a Constitution. Its amendment is generally made more difficult by providing a special procedure/method, whereas, in a statute in certain, circumstances words can be read into. It can be amended or repeated by a simple majority of the members of the Parliament. Constitution of Pakistan (1973)-- ---Art.139---Business Rules framed by Governor under Art.139---Constitutional provision cannot be modified as to the performance of certain Constitutional functions by framing x Business Rule under Art.139(3) by providing delegation of the function or by…
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