Case Details

Citation(s)
1997 SLG 766 1997 SLD 766 1997 SCMR 1200
Supreme Court of Pakistan
Civil Petition No. 1302.-L of 1994, decision dated: 19-01-1995
SAAD SAOOD, JAN, MANZOOR HUSSAIN SIAL AND MUKHTAR AHMAD, JUNEJO, JJ

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MUHAMMAD NAEEM SIDDIQUI and others

VS

THE GOVERNMENT EMPLOYEES COOPERATIVE HOUSING SOCIETYand others

Law:

Section:

Cooperative Societies Rules, 1927--R. 48---Constitution of Pakistan (1973), Art. 185(3)---Election of Cooperative Housing Society---Election of office-bearers of Society---Notice under R. 48, Cooperative Societies Rules, 1927 issued to office-bearers ---Office ­bearers of Society filing Constitutional petition against issuance of notice alleging therein that Deputy Registrar of Cooperative Societies was biased against office-bearers of Society---High Court allowed Constitutional petition and declared order of Deputy Registrar (whereby during pendency of transfer application he had suspended the Society) as having been passed without lawful authority and of no legal effect, with direction for decision of transfer application pending before Authority in accordance with law and rules--­Validity---Petitioner being Secretary of Provincial Government and Head of Administrative Department had inherent jurisdiction to adjudicate upon the application seeking transfer of cases pending before Deputy Registrar against whom there were serious allegations, including that of bias against office-bearers of Society---Order of High Court allowing Constitutional petition in accordance with law suffered from no illegality so as to call interference in the matter--­Leave to appeal was refused in circumstances. Raja Muhammad Akram, Advocate Supreme Court instructed by Ejaz Ahmad Khan, Advocate-on-Record for Petitioners Malik Muhammad Nawaz, .Advocate Supreme Court, instructed by Tanvir Ahmad. Advocate-on-Record for Respondents. Date of hearing: 15th January, 1995. ORDER MANZOOR HUSSAIN SIAL, J.---The Secretary, Government of the Punjab, Cooperative Department and 2 others, petitioners herein, seek leave to appeal against judgment of the Lahore High Court dated 18-12-1994 passed in Writ Petition No. 13299 of 1994. 2. The relevant facts briefly stated are that the Government Employees Cooperative Housing Society (hereinafter referred as Society) and 11 other Members of the Managing Committee of the Society invoked Constitutional jurisdiction of the Lahore High Court through the aforementioned writ petition wherein they averred that the election of the Society is held every three…
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