2001 PLP 1258 (CLC)

S.43

Constitution of Pakistan (1973), Art.199

Constitutional petition

Affairs of Cooperative Society

Administrator Duties and functions

Appointment of Administrator

Scope of functions and duties of the Administrator should be restricted to investigating the affairs of the Society providing a detailed report and thereafter creating a situation conducive to the holding of elections of the Society and handling the Society back to its members‑‑‑Inquiry report having not been communicated to the Registrar, Cooperative Societies by the Administrator which was mandatory petitioner could contest show‑cause notice after receipt of the inquiry report t and after hearing the petitioner the Deputy Registrar would pass appropriate order as required under the Cooperative Societies Act, 1925 High Court observed that the patties might avail remedy as provided under the Cooperative Societies Act, 1925 and disposed the petition accordingly. Kazi Wali Muhammad for Petitioner. Sarwar Khan, Addl. A.‑G. for Respondent No.

1. Arif Bilal Sherwani for Respondents Nos.2 and

3. The inquiry report has not been communicated to the Society as no proof has been produced by the counsel appearing for the respondents. The communication of the enquiry report is mandatory under section 43, subsection (4) of the Cooperative Societies Act, 1925. Without going into the merits of the position of each side, we direct that the enquiry report should be given to the petitioner. The petitioner would then be empowered under the law to initiate any proceeding. However, it should be kept in mind that the Cooperative Societies Act provides for a hierarchy that should be followed by the Society. In the interim period, if any, liquidator is appointed then the proceedings so initiated shall be stopped. According to the counsel an Administrator is already looking after the affairs of the Society. We order that the Administrator so appointed by the Registrar shall continue to look after the affairs of the Society for the interim period only. The moment the petitioner contests the show‑cause notice he shall be well within his rights to challenge the continuation in office of the Administrator. At the outset we may observe that in the present case and in similar other matters Administrators once appointed continue in office sometime indefinitely. The Cooperative Societies Act has provided for all eventualities and we feel that even though the provision of appointment of Administrator is there the scope of the Administrator should be restricted to investigating the affairs of the Society providing a detailed report and thereafter operating a situation conducive to the holding of the elections of the Society and handing the Society back to its members. The petitioner shall contest show‑cause notice, dated 27‑5‑1998 after receipt of the enquiry report and after hearing the petitioner, the Deputy Registrar shall pass an appropriate order as required under the Cooperative Societies Act and the parties may avail remedy as provided under the Cooperative Societies Act. With the above observations the petition alongwith pending applications stand disposed of. Q.M.H./M.A.K./M‑148/K Order accordingly.