ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-1623 of 2023

a/w C.P. Nos.5671/2021 & 7321/2022

___________________________________________________________________ Date Order with signature of Judge

___________________________________________________________________

PRESENT:

Mr. Justice Aqeel Ahmed Abbasi

Mr. Justice Mahmood A. Khan

FRESH CASE:

1. For order on CMA No.8082/2023 (Urgent).

2. For order on CMA No.8083/2023 (Exemption).

3. For order on CMA No.8084/2023 (Stay).

4. For order on CMA No.8085/2023.

5. For hearing of main case.

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Dated; 29^th March 2023

M/s. Syed Khizar Askar Zaidi and Syed Ashar Askar Zaidi, Advocates for Petitioners in C.P. No.D-1623/2023.

M/s. Sohail Hameed and Raham Ali Rind, Advocates for Petitioners in C.P. No.D-5671/2021.

M/s. Ahmed Ali Ghumro and Muhammad Ehtisham, Advocates for Petitioner in C.P. No.D-7321/2022.

Mr. Abdul Jalil Zubedi, Asst. A.G. Sindh alongwith Javed Ali Shah, Deputy Registrar Cooperative Societies.

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C.P. No.D-1623 of 2023

1. Urgency granted.

2. Exemption granted subject to all just exceptions.

3-5. Instant Constitutional Petition has been filed by the petitioners, who are Member and General Secretary of Society, whereby, they have challenged Notification No.SO(SA)II(34)/2002(Pt-II), dated 30.01.2023 issued by the respondent No.1, whereby, according to learned counsel for petitioners, the petitioners’ Society has been superseded and Incharge Committee / Administrator has been appointed in violation of law without any legal basis and have also impugned advertisements published in “Daily Amn” dated 25.02.2023, “Daily Jang” dated 12.03.2023, whereby, the Administrator/Incharge Committee has required the members of M/s. Kokan Muslim Cooperative Housing Society Limited to submit attested copy of their respective plot’s file and in case such attested copies of the files are not submitted, adverse action may be taken. According to learned counsel for the petitioners, the elections of the Society were held under the supervision of the Nazir of this Court pursuant to the Court’s orders passed in the earlier Constitutional Petitions bearing No.D-5671/2021 and 7321/2022, which are already pending before this Court, and coincidently the aforesaid petitions are fixed today for hearing, therefore, requested that instant petition may be taken up alongwith instant petition to avoid any conflicting orders. Learned counsel further submits that since new cause of action has been accrued through impugned Notification and the advertisement, therefore, fresh petition has been filed.

C.P. Nos.5671/2021 & 7321/2022

Accordingly, all the above petitions were taken up for hearing and learned counsel for the parties and the learned AAG were heard. After hearing the learned counsel for the parties at some length and in order to avoid further delay in holding of fresh elections of the Society which have become due for the current year, by consent of all present, the proposal of learned Asst. Advocate-General, Sindh that fresh elections may be directed to be held under the supervision of the Nazir / Deputy Nazir of this Court is accepted by all the learned counsel for the petitioners, who have expressed their willingness for disposal of these petitions as per aforesaid proposal, however, submit that Nazir may be directed to prepare fresh list of the members and eligible voters of the Society, after scrutiny of the record, and thereafter, to carry out such exercise of holding elections of the Society. Accordingly, by consent, the aforesaid petitions are disposed of with the directions to the Nazir / Deputy Nazir of this Court to carry out the exercise of elections of the Society after scrutiny and preparation of list of the members / eligible voters of the Society within three months, whereas, the entire record of the Society shall be provided by the previous management and the Administrator / Incharge Committee of the Society within seven (7) days from the date of this order. It is, however, clarified that in case, any one creates any hindrance or delay in providing record and smooth scrutiny of the eligible voters or holding elections, the Nazir will be at liberty to take appropriate action against such person in accordance with law, whereas, such act/omission will amount of defiance of Court’s order which may attract the consequent action/proceedings in accordance with law. Nazir’s tentative fee in the sum of Rs.50,000/- shall be paid in advance by the Society.

Above petitions stand disposed of in the above terms along with listed applications.

J U D G E

* Farhan/PS Nadeem*