ORDER
SHEET
Constitutional
Petition No.D-1351 of 2012
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DATE ORDER
WITH SIGNATURE(s) OF THE JUDGE(s)
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1) For
Katcha Peshi.
2) For
hearing of CMA No.8063/2010
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20.09.2012
Mr.
Muhammad Saleem Thepdawala,
Advocate for Petitioner
Mr.
Irfan Ahmad Suriya,
Advocate for Co-Petitioners.
Mr.
Amjad Hussain, Advocate for
Respondent
Mr.
Muhammad Shafi Memon,
Additional Advocate General alongwith Agha Asadullah, SHO, P.S. Preedy
Street, Karachi.
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By consent
of all present, the instant petition is disposed of in the following terms:-
(i)
That seal, by whom-ever
effected, shall be removed from the premises of the Petitioner Association, in
doing so the local police, if requested, shall help the Petitioner.
(ii)
The preparation for election of the
Association shall commence afresh under the supervision and control of the
M.I.T-I of this Court, who shall scrutinize the voters’ list and shall screen
out all such names from the voters’ list, which shall be found not eligible to
be so registered/listed.
(iii)
The election process shall be conducted
strictly in accordance with law. All the parties concerned shall make their
fullest endeavours for the smooth, swift and unhindered approach to the election,
and it’s being held within time, in accordance with law.
(iv)
The present management of the
Association, whose term has though expired, shall continue to manage the
affairs of the Association only on day to day basis, neither shall they take
any policy decision nor shall they make any expense other than what may be
inevitable for conduct the day to day affairs of the Association.
(v)
AGM of the Association shall be held at
the earliest and in accordance with law. All the parties shall make their
fullest endeavours that the AGM may not be delayed and may be held strictly
within the time as prescribed by law and/or the Articles. Such shall also be
done under the supervision of the learned M.I.T-I of this Court. A.G.M. shall
be held mainly for submitting annual audit report of the Association. None,
other than the present management of the Association, shall conduct the affairs
of the Association or deal with the matters for and on behalf of the
Association.
(vi)
The management shall also conduct itself
in relation to the matters or affairs of the Association as prescribed above
and not beyond.
(vii)
The election expenses shall certainly be
made from the accounts/funds of the Association, however, such shall be done by
the present management under the supervision and control of the learned M.I.T-I
of this Court.
(viii)
The schedule of the election shall be
announced as early as possible. It hardly needs to be emphasized that
absolutely no time shall be wasted in carrying out the above mandate and none
of the parties shall attempt to cause any delay and/or to buy or waste time in
the matter.
(ix)
On the insistence of Mr. Saleem Tehpdawala at this point
we may once again clarify that none, other than the present management of the
Association, shall act for and on behalf of the Association in any manner
whatsoever.
(x)
The fee of the learned M.I.T-I
tentatively is fixed at Rs.60,000/-, which shall be
paid from the funds of the Association.
The petition alongwith the pending
application(s), by consent, stands disposed of in the foregoing terms.
JUDGE
JUDGE
Gulsher/PA