1989 PLP 1838 (MLD)

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54. Arbitration. If any dispute touching the business of a society (other than a dispute regarding disciplinary action taken by the society or its committee against a paid servant of the society ) arises :- (a) between members or past members of the society or persons claiming through a member or past member, or (b) between members or past members or persons so claiming and any past or present officer, agent or servant of the society, or (c) between the society or its committee, and any past or present member of the society, or (d) between the society or its committee, and any past or present officer, agent or servant of the society, or a surety of such officer, agent or servant, whether such surety is or is not a member of the society, (e) between the financing bank authorised under sub section (1) of section 34 and a person who is not a member of society, it shall by referred to the Registrar for decision by himself or his nominee, or if either of the parties so desires, to arbitration of three arbitrators who shall be the Registrar or his nominee and two persons of whom one shall be nominated by each of the parties concerned. A dispute shall include the question whether a person is or was a member of a society and also claims by a society for debts or demands due to it from a member, past member or non-member or the heirs or assets of a past member or non-member whether such debts or demands be admitted or not: Provided that if the question at issue between a society and a claimant, or between different claimants, is one involving, complicated questions of law and fact, the Registrar may, if he thinks fit, suspend proceedings in the matter until the question has been tried by a regular suit instituted by one of the parties or by the society. If no such suit is instituted within six months of the Registrar's order suspending proceedings the Registrar shall take action as laid down in paragraph I of this section: The submission of the learned counsel seems to carry weight. Section 54, as quoted above, stipulates that if the dispute touches the business of the Society, the same shall be referred to arbitration. There is no cavil that the dispute relates to membership and cancellation of plot, which falls within the purview of the business of the respondent Housing Society. A machinery has been provided under the Co-Operative Societies Act, 1925 to adjudicate the matter completely and effectively. Reference may be made to section

54. If the award is given by a single nominee of the Registrar, appeal lies under section 56, and if the award is given by a Board of Arbitrators revision lies under section 54-A. If the award is given by the Registrar appeal lies to the Provincial Government under section

64. Section 64-A provides revision against the orders in appeal. In this view of the matter the Constitutional Petition against respondent No. 1 is clearly not entertain able, as alternate remedy which is equally efficacious .has not been availed of. So far as respondent No.2 (Deputy Registrar Co-operative Societies, Karachi Region) is concerned, no allegation has been made against the said respondent as no order has been passed by him to be challenged in Constitutional Petition and moreover no relief is claimed against him. The name of respondent No.2 is therefore struck off. For the reasons aforesaid, the above application is allowed. In consequence thereof, the petition is dismissed but there will be no order as to costs. It is, however, clarified that the petitioner will be at liberty to move the Registrar for redress of his grievance, as provided under section 54 of Sind Co operative Societies Act, 1925. H.B.T./G-125/K.