Law:

Section:

(a) Cooperative Societies Act (VII of 1925)-------S. 44 (c) (4)---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Competency---Removal of office-bearer of Cooperative Housing Society by Authority---Validity---Petitioner having remedy of appeal against his removal from his office did file appeal but being not sure whether Appellate Authority as envisaged under S. 44 (c) (4) of the Act had been constituted, filed Constitutional petition---Even the Authorities were not clear whether such Appellate Authority had been constituted for they did not clearly mention such fact in their reply to Constitutional petition---Even otherwise, remedy of appeal was available to the "officer aggrieved" under the Act and petitioner being a Society had got no remedy whatsoever under the law---Constitutional petition was thus, competently filed in circumstances. Government of West Pakistan v. Begum Agha Abdul Karim Shorish Kashmiri PLD 1969 SC 14; Federation v. Saeed Ahmed Khan PLD 1974 SC 151; Abdul Rauf v. Abdul Hamid Khan PLD 1965 SC 671; Muhammad Tufail v. Province PLD 1978 Lah. 80; Akbar Ali v. The State PLD 1954 SC 251; Muhammad Ibrahim v. Ehsanul Haq 1992 MLD 164; Fazal Din and others v. Commissioner, Lahore Division PLD 1968 Pesh. 30; Iqbal Yousaf v. Khawar Jehan 1991 SCMR 864 Haji Ibrahim v. Rehmatullah 1985 SCMR 241; Semco Salavage PTE v. Capt. Yousaf Kalkavan 1993 SCMR 593; Ahsan Kausar v. Ahmad Zaman Khan 1986 SCMR 1799; Ms. Benazir Bhutto v. The Federation of Pakistan 1992 SCMR 140; High Court Rules and Orders, Chap. IJ, R. 6, Vol. 1; PLD 1976 Lah. 498; Din Muhammad v. Abdul Rehman 1992 SCMR 127; Muzaffar Ali Shah etc. v. Registrar, Cooperative Societies, Karachi and others PLD 1968 Kar. 422 and Pakistan Express Cooperative Bank Ltd. v. Registrar, Cooperative Societies, Lahore 1970 SCMR 55 ref. (b) Constitution of Pakistan (1973)--- ---Art. 199---Constitutional petition---Natural justice, principles of---Authority ordering removal of petitioner had contested election of petitioner Society against petitioner office-bearer---Such fact would demonstrate partisan disposition of Authority and person constituting such Authority should not have sit at the…

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