Law: Societies Registration Act, 1860

Section: 13

Societies Registration Act (XXI of 1860)--S. 13---Punjab Local Government Ordinance (XIII of 2001), S.18--­Constitution of Pakistan (1973), Art.199---Constitutional petition--­Dissolving society registered under Societies Registration Act, 1860--­Jurisdiction of District Nazim and Registrar appointed under Companies Ordinance, 1984---Grievance of petitioner was that District Nazim and Registrar had appointed administrator to manage the affairs of the mosque which was being managed by a Society registered under Societies Registration Act, 1860---Validity---Power and function of Nazim were defined in S.18 of Punjab Local Government Ordinance, 2001, and the provision did not authorize him to pass the order for appointment of administrator---Even Registrar did not have power either to dissolve the Society registered under Societies Registration Act, 1860, or to appoint administrator---Order passed by the Authorities was without lawful authority and was set aside---Petition was allowed accordingly. JUDGMENT The petitioner is the President of Committee of Mosque known as "Dr. Wali Mohallah Masjid" in Hazro, District Attock. The said Committee stands registered as a society. The grievance being made out in this writ petition is that respondent No.2 acting under the order of respondent No.1 has proceeded to pass order Annexure "A" whereby an Administrator has been appointed for the said mosque. 2. Learned counsel for the petitioner contends that Nazim and respondent No.2 have no lawful authority to supersede the petitioner's society, cancel its registration and to appoint Administrator. Learned counsel appearing for respondents in this case, on the other hand, relied upon the letter dated 27-11-2002 issued by the Secretary, Auqaf and Religious Affairs, Government of the Punjab, Lahore and letter issued by the same Department on 16-1-2002. According to these letters powers of Registrar under the Companies Ordinance, 1984, stands delegated to the Executive District Officer (Finance and Planning) in each district vide Notification dated 26-10-2001. According to the learned counsel in exercise of said powers the said order Annexure "A" has been validly issued. 3. I have…

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