2009 PLP 2109 (YLR)

IJAZ AHMAD CHAUDHRY, J.--Through this petition under section 11 of the Punjab sUndesirable Co-Operative Societies (Dissolution) Act, 1993, State Life Insurance Corporation of Pakistan has challenged the order dated 1-4-2006 passed by the Chairman PCBL.

2. At the very outset of the arguments question has been raised about the maintainability of this petition and for dismissal of the same by the learned counsel for PCBL on the ground that time for filing of petition under section 11 of the Punjab Undesirable Cooperative Societies (Dissolution) Act, 1993 against the order of PCBL is 60 days but it has been filed after more than 90 days, hence, this petition may be dismissed.

3. On the other hand, learned counsel for the petitioner contends that the Punjab Undesirable Cooperative Societies (Dissolution) Act, 1993 which provided time for filing petition within 60 days through Ordinance No.LIII of 1999 had been promulgated on 9-10-1999 while General Pervaiz Musharraf had taken over the charge on 12-10-1999 and assemblies were dissolved and the said Ordinance automatically elapsed after three months as per Article 123 of the Constitution. He also contends that under Article 270-AA only those enactments were saved, which had been promulgated after the military regime while this Ordinance had been issued earlier thereto, which is no more in the field and the question of limitation does not arise.

4. In response to this argument learned counsel for the respondent has argued that this Ordinance had been protected under Article 270-AA of the Constitution of Islamic Republic of Pakistan, 1973, he has also relies upon Provisional Constitution (Amendment) Order No.9 of 1999 and Article 5-A(1) thereof provides that an Ordinance promulgated by the President or by the Governor of the Province shall not be subject to' the limitation as to its duration prescribed in the Constitution while Sub-clause (2) of the said Article 5-A makes the provisions of the said clause (1) applicable to an Ordinance issued by the President or by the Governor which was in force immediately before 14-10-1999 and it clearly shows that the earlier enactments were also protected. Relies upon Rana Zulfiqar v. Judicial Officer/Liquidator, Punjab Cooperative Board for Liquidation 2007 CLC 1542, in support of his contention.

5. I have heard the learned counsel for the parties and also gone through the case law cited by the learned counsel for the parties. There is no dispute that originally under section 11 of Punjab Undesirable Cooperative Societies (Dissolution) Act, 1993 no limitation had been provided for filing a petition against the order of Judicial Officer or action of PCBL but through Ordinance No.LIII of 1999 period of 60 days was provided to challenge the order of Judicial Officer or action of PCBL before the Co-operative Judge. The said Ordinance was promulgated on 9th October, 1999 providing the time for filing petition under section 11 within 60 days and the said Ordinance was still in force when Provisional Constitution Order 1 of 1999 was promulgated and Article 5-A(1)(2) ibid have validated the Ordinances which wherein force or which were promulgated after the Provisional Constitution Order 1 of 1999. Even otherwise said questions have already been resolved in Rana Zulfiqar v. Judicial Officer/Liquidator, Punjab Cooperative Board for Liquidation 2007 CLC 1542 and the relevant portion is reproduced as under:-- "Coming to the said second contention of the learned counsel, the said Ordinance was promulgated on 9-10-1999. After whatever happened on 12-10-1999 proclamation of emergency was issued on 14-10-1999 and the Officer holding the posts of Chairman, Joint Chief of Staff Committee, Chief of Army Staff as also Chief Executive of the country promulgated a Provisional Constitutional Order No.1 of 1999. Article 5-A(1) provides that an Ordinance promulgated by the President or the Governor of a Province shall not be subject to the limitation as to its duration prescribed in the Constitution. Sub-clause (2) of the said Article 5-A makes the provisions of the said clause (1) applicable to an Ordinance issued by the President or by the Governor which was in forced immediately before 14-10-1999. Article 270-AA of the Constitution protects the said Provisional Constitution Order and consequently the said Ordinance till such time that it is altered reviewed or amended by the competent authority. No such action has been taken till date by the said competent authority as defined in the said Article 270-AA. The provisions prescribing the limitation having been so validated, the application filed beyond the said period of limitation was correctly dismissed by the learned Cooperative Judge as being barred by time. The writ petition is accordingly dismissed in limine.

6. As a result of the above discusion, I have no hesitation in holding that the petition is time barred and section 5 of the Limitation Act does not apply as Punjab Undesirable Cooperative Societies (Dissolution) Act, 1993 is a special law and unless it is specifically mentioned that section 5 of the Limitation Act shall apply delay cannot be condoned. Hence, this petition being barred by time is hereby dismissed. M.Y./S-148/L Petition dismissed.