ORDER
SHEET
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