1990 PLP 781 (CLC)

Azhar Ali Siddiqui for Petitioner. Khalilur Rehman and A.A. Mohammadally, A.A.‑G. for Respondents. Date of hearing: 9th March, 1989. SALAHUDDIN MIRZA, J.‑‑The Petitioner is the founder member of Shaharanpur Co‑operative Housing Society Limited and since 1975 was functioning as Secretary of the Managing Committee of the Society until 1983 when due to internal disputes amongst the members, Deputy Registrar Co operative Societies Karachi ordered election of the Managing Committee under Rule 6‑A of Co‑operative Societies Rules, 1927. The election was held on 24‑8 1984 in which the petitioner and his panel was defeated and respondent No.3 was elected as new Secretary. The petitioner thereupon filed arbitration case before Dy. Registrar Co‑operative Societies Karachi (Case No. ABN‑(53/84) which was decided on 24‑4‑1986 and it was ordered that the dispute between the members of the new Managing Committee on the one hand and petitioner on the other should be referred to the General Body of the Society and for this purpose General Body Meeting was summoned under rule 6‑A of the Co‑operative Societies Rules 1927 and was scheduled to he held on 2‑I‑5‑1986. However, the Shaharanpur Co‑operative Housing Society Limited filed Revision Petition under section 64‑A of the Co‑operative Societies Act, 1925, before the Joint Registrar (Revision No. 1573/86) against the orders dated 24‑4‑1986 of Dy. Registrar in Arbitration Case No. 53 of 1984 whereby the dispute between the new Managing Committee and petitioner was referred to the General Body of the Society. The Society also succeeded in obtaining a temporary stay order dated 18‑5‑1986 (Annexure "L") staying the operation of the orders of Dy. Registrar Co‑operative Societies dated 24‑4‑1986 and 26‑4‑1986 and specifically prohibiting the holding of the General Body Meeting scheduled for 24‑5‑1986. As a result, the officials of the office of Dy. Registrar abandoned programme of holding the General Body Meeting but petitioner and his supporters duly gathered on 2‑1‑5‑1986 and resolved the dispute to their own satisfaction. The petitioner feels aggrieved from the order of the Joint Registrar (Respondent No.]) dated 18‑5‑1986 (Annexure "L") and impugns the same through this Constitution petition. It is contended that respondent No.l could not entertain Revision petition against the order of Dy. Registrar.

2. Respondent No.3 has filed a detailed counter affda%7t. It was explained that the petitioner was no doubt Honorary Secretary of the Society but he had resigned on 3‑1‑1983 on health grounds and Mr. Laiq Ahmed was elected in his place. Mr. Laiq, however, died and the Petitioner unlawfuly assumed the role of Sec Mary and this was the basis of the dispute which went before the Dy. Ref strar who vide order dated. 1a‑4‑1983 ordered fresh election of the Society but before the election could be held, the Petitioner Filed Arbitration Case No. ABN 16/84 against respondent No.3 and recpond: nt No.3 filed a cross case No.30/84. Both these cases were decided to hold election under Rule 6‑A of the co‑operative Societies Rules, 1927, and till then both the parties were restrained from posing or acting as President or Honorary Secretary of the Society. The elections were then held wherein the petitioner and hit panel were defeated and respondent No.3 and his panel were elected. Rest of the version of respondent No.3 is the same as given by the Petitioner and reproduced in the preceding para.

3. We have gone through the record with the help of learned Counsel for the parties.

4. The Petitioner claims that the elections held on 24‑8‑1984, wherein respondent No.3 and his panel were elected, were illegal. We would not comment upon this claim of the petitioner since the dispute is pending adjudication before the respondent No.l. The only point of law raised before us by learned counsel of the Petitioner is that respondent No.l is not competent to entertain revision petition under Section 64‑A of the Co‑operative Societies Act, 1925, against the order of Deputy Registrar. For facility of reference Section fi4‑A is quoted below: "64‑A. Power of Provincial Government and the Re eistrar to call for proceedings of subordinate officers and to pass orders thereon: The Provincial Government and the Registrar may call for and examine the record of any inquiry or the proceedings of any officer subordinate to them for the purpose of satisfying themselves as to the legality or propriety of any decision or order passed and as to the regularity of the proceedings of such officer. If in any case, it shall appear to the Provincial Government or the Registrar that any decision or order or proceedings so called for should be modified, or annulled or reversed, the Provincial Government or the Registrar, as the case may be, may pass such order thereon as to it or he may seem fit."

5. It is clear that Registrar of (:o‑operative Societies is competent to call for and examine the record of any subordinate officer and may take appropriate action. Vide Notification No. SO (C‑11) 1‑72/78 dated 8th September, 1985, (Ex.R‑7) Respondent No. 1 has been conferred with all the powers of the Registrar under the Societies Act, 1925. lie was, therefore, competent to entertain revision petition of respondent No.3.

6. Besides, respondent No.] had not made any final decision and had only stayed the proceedings for a short period of about a week. If respondent No.l passes a final order in violation of any law or in violation of the principle of equity and justice, or drags on the proceedings without finally deciding the matter thereby jeopardising the interests of any party, such party may invoke Constitutional jurisdiction of this Court but this is not the position at present. There is no substance in the contention raised by the petitioner. As a result, we would dismiss this petition with costs. M.Y.H./Y‑39/K Petiton dismissed.