ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Constitutional Petition No.D-3592 of 2012

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DATE            ORDER WITH SIGNATURE(s) OF THE JUDGE(s)

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1)                 For orders on Misc. 39708/2012 (U/A)

2)                 For orders on Misc. 39707/2012 (Exemption)

3)                 For Katcha Peshi.

4)                 For orders on Misc. 39706/2012 (Stay)

12.10.2012

Mr. Naeem Akhtar Khan Tanoli, Advocate for Petitioner

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          Through the instant petition, the Petitioner has sought the following relief:-

 

(a)              To declare that the Respondents No.1 to 5 are neither the allottees of the plots of the Saharanpur Cooperative Housing Society Limited, Karachi nor the members of the society and they being attorneys have no right for the membership of the Society and to contest the election of the Saharanpur Cooperative Housing Society Limited, Karachi, held on 22.07.2012 and to be declared as successful candidate, therefore, the society electing held on 22.07.2012 are liable to be declared as null and void in view of section 3(c) of the Cooperative Societies Act, 1925 held in PLD 2010 SC 1058.

 

(b)             To further declare that without considering/deciding the complaints in respect of illegalities and irregularities committed in the Election of Society held on 22.07.2012 (Annexure “F”, “F/1” to “F/9” hereto), the Respondent No.9 has no right to declare the Respondents Nos.1 to 5 as successful candidates/office bearers and to give charge to them of the Saharanpur Cooperative Housing Society Limited Karachi.

 

(c)              To reject the report dated 24.07.2012 as well as election held on 22.07.2012 by Respondent No.9 of the Saharanpur Cooperative Housing Society Limited Karachi as null and void being unfair and partial and appoint another Commissioner to hold fresh election of the Saharanpur Cooperative Housing Society Limited Karachi in a fair and impartial manner/atmosphere to the satisfaction of this Honourable Court and further direct the Respondents or any other authority to handover the charge of President and Members of Managing Committee of the Society to any other person till final disposal of the petition.

 

(d)             To restrain the Respondents No.1 to 5 and other office bearers of Saharanpur Cooperative Housing Society Limited Karachi, declared as successful candidates in the election held on 22.07.2012 without considering/deciding the complaints (Annexures “F”, “F/1” to “F/9” hereto), from working as office bearers of the Saharanpur Cooperative Housing Society Limited Karachi and also restrain them from transferring, allotting, selling, purchasing the land/plot of the Saharanpur Cooperative Housing Society Limited Karachi in favour of any other person as office bearers of the Society till disposal of the petition in any manner whatsoever nature.

 

Mr. Azizul Haque Solangi, learned Assistant Advocate General Sindh, present in the Court in some other cases, waives notice.

  

By consent this petition is disposed of by directing the Registrar, Cooperative Societies, to dispose of the objections filed by the Petitioners in respect of the impugned elections, within two months from today and after hearing the parties, strictly on merits and through a speaking order.

 

The petition alongwith pending applications is disposed of in the foregoing terms. 

                                                                  

                                                                                        JUDGE

 

 

                                                                   JUDGE

 

 

Gulsher/PA