ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-7789 of 2015

Alongwith

C.Ps. No.D-5462/2016 & 6784/2017

___________________________________________________________________ Date Order with signature of Judge

___________________________________________________________________

DIRECTION:

1. For order on Statement dated 19.05.2022.

2. For order on Nazir Report dated 02.06.2022.

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Dated; 3^rd June 2022

Mr. Sufiyan Zaman, Advocate for Petitioner.

Mr. Mujtaba Sohail Raja, Advocate for Respondent No.4.

Mr. Abdul Wajid Wyne, Advocate for Intervenor.

Mr. Muhammad Ali Jan, Advocate.

Mr. Jawwad Dero, Addl. A.G. Sindh.

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Pursuant to Court’s directions Nazir has submitted report on 02.06.2022, which is reproduced hereunder: -

“Nazir’s Report in compliance of this Hon’ble Court’s

order dated: 24.05.2022

Submitted:-

1. With due respect, it is submitted that this Honorable Court has passed order dated: 24.05.2022 directing undersigned to submit complete report with regard to the steps taken so far pursuant to the order passed by this Court on 31.03.2021. The relevant part of the order dated: 24.05.2022 is reproduced below: -

“Pursuant of order dated: 31.03.2021 passed in the matter, it appears that Nazir was directed to conduct elections of the subject Society within 45 days as per the list provided on that day after due verification and after completing all legal codal formalities. However, it appears that the elections have not been held so far, nor the Nazir has submitted any report in this regard. Let Nazir to submit complete report regarding steps taken so far pursuant to the order passed by this Court on 31.03.2021 before next date of hearing.”

2. It is respectfully submitted that in compliance of Honorable Court’s order dated: 31.03.2021, all the steps were taken by this office to conduct the elections and the proceedings that took place so far before the then Nazir was placed before Honorable Court vide Nazir’s Report dated: 08.05.2021, soliciting further order of this Honorable Court regarding finalization of list of members to conduct the elections of the society. However, perhaps such Nazir’s Report dated: 08.05.2021 could not be listed in main case, hence, order dated: 24.05.2022 has been passed directing undersigned to submit complete report. In this regard, it is submitted that the detailed proceedings including inventory has been mentioned in Nazir’s Report dated: 08.05.2021, though, the same is summarized below for the sake of convenience.

3. That in compliance of Honorable Court’s Order dated: 31.03.2021, after issuance of notices to all the concerned, charge of the office of Firdous Cooperative Housing Society Limited, Karachi was taken over with proper inventory. Thereafter the list containing 1903 members, which was filed in CP No. 7789/2015, (copy provided by the Administrator) was sent to the Assistant Registrar, Cooperative Societies, Karachi, for verification. In response, The Assistant Registrar Cooperative Societies, Karachi sent a letter No. ARCS/Khi/186/2018 (copy annexed as annexure “X”) along with another list of 1483 members, stating therein that since election of 2012 & 2015 were held on the basis of such list, therefore, list of members, comprising of 1483 members of the society, may be considered for holding the election of the society.

4. Thereafter, the matter was fixed before the then learned Nazir on 27.04.2021, with notice to the parties, when Mr. Muneeb Kidwai, Advocate for Petitioner along with Mr. Muhammad Mehmood and Mr.Owais, Petitioner, Mr. Mujtaba Raja, Advocate for Society, Mr. Abdul Wajid Wyne, Advocate for Mr. Qamar Mukhtiar, Intervener and
Mr. Mukhtiar Ali Solangi, Assistant Registrar, Cooperative Societies appeared. Learned Counsel for the Petitioner stated that election may be conducted on the basis of list of 1903 members, which was submitted in Court on 31.03.2021, he further submitted that such list is verified as per last Audit Report dated: 06.01.2021, whereas, learned Counsel for the Respondent objected the list of 1903 members, and stated that the elections may be conducted on the basis of list of 1483 members submitted by the Assistant Registrar, Cooperative Societies.

5. In view of above passage, in order to start election proceeding, orders of this Honorable Court are respectfully solicited as to whether: -

(a) Elections may be conducted on the basis of list of 1903 members submitted before Honorable Court on 31.03.2021 and available with last Audit Report dated: 06.01.2021.

(b) Elections may be conducted on the basis of list of 1483 members submitted by the Assistant Registrar Cooperative Societies and according to him last elections were held on the basis of such list.

6. Report is submitted before Hon’ble Court for necessary orders.

Karachi, Sd/-

Dated: 02.06.2022 N A Z I R”

The aforesaid petitions were disposed of by consent of the learned counsel for the parties vide order dated 31.03.2021 in the following terms: -

“After hearing all the learned counsel at considerable length with their consent the following order is being passed:

A) The Nazir will take over the affairs of Firdous Cooperative Housing Society Limited Karachi with immediate effect including the accounts and other administrative matters.

B) The Nazir would conduct the elections of Firdous Cooperative Housing Society Limited Karachi within 45 days as per the list provided today after due verification, after completing all the legal and codal formalities provided in this regard.

C) That after conducting the election in a fair and transparent manner the Nazir would hand over all the affairs of the society to the newly elected governing-body of the society, in accordance with law.

D) The fee of the Nazir is tentatively fixed at Rs.2,00,000/- (Rupees two hundred thousand), which will be borne by the society.

With the above directions these petitions alongwith all the listed and pending applications stand disposed of.”

It appears that pursuant to Court’s order as referred to hereinabove, Nazir has undertaken certain steps, and has sought verification of the members of the Society from the concerned Registrar Cooperative Society, who has verified the list of 1483 Members, whereas, learned counsel for the petitioners in C.P. No.D-6784/2017 submits that the elections of the society may be directed to be held as per list provided by the petitioners in their petition, which contains 1903 members, which according to learned counsel, were already members even prior to the appointment of the Administrator, and Secretary of the previous management of the society has verified such list.

It appears that in view of dispute over the list of eligible members of the society, delay has accrued in holding of elections. However, record shows that pursuant to Court’s directions, Nazir has sought further verification of the record from the office of the Registrar Cooperative Housing Societies, according to which, 1483 members are found eligible to cast their votes in the elections of society and not 1903 as insisted by the learned counsel in the above petition. Therefore, we are not inclined to entertain such objection relating to eligible members at this stage, as the elections of the society have been delayed in view of such objection being raised by the parties. Accordingly, we would direct the Nazir to conduct the elections of the Society pursuant to the directions of this Court as contained in order dated 31.03.2021 as per the list of 1483 Members duly verified by Registrar Cooperative Housing Societies, and submit compliance as per proposal “b” of Nazir’s report dated 02.06.2022. However, it is clarified that such holding of elections of the Society would not disentitle the petitioners in CP No.D-6784/2017, who may approach the relevant forum by filing appropriate proceedings for the purposes of determination of their claim of being lawful Members of the society, however, as per Byelaws of the Society and the provisions of Cooperative Societies Act.

Nazir Report dated 02.06.2022 is taken on record, however, subject to all just exceptions, whereas, the Statement dated 19.05.2022 needs no response or order by this Court in the instant proceedings.

J U D G E