2008 PLP 579 (CLC)
Shaikh ARIF-UL-REHMAN — Petitioner Versus PROVINCE OF SINDH and others — Respondents
| Citation | 2008 PLP 579 (CLC) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | Shaikh ARIF-UL-REHMAN — Petitioner Versus PROVINCE OF SINDH and others — Respondents |
| Primary Law | Cooperative Societies Act (VII of 1925) |
Q1: What are the key laws and sections cited in 2008 PLP 579 (CLC)?
This judgment primarily cites: Cooperative Societies Act (VII of 1925) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 579 (CLC)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 579 (CLC) (Shaikh ARIF-UL-REHMAN — Petitioner Versus PROVINCE OF SINDH and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shaukat Ali Shaikh for Petitioner.
Headnotes / Summary
S. 17(b)
Constitution of. Pakistan (1973), Art.199
Constitutional petition
Withdrawal of permission to contest elections to the membership of the Managing Committee of the Co-operative Society
High Court earlier had directed holding of the elections in the Society within three months, which could not have been given effect to; High Court in the said earlier order had restrained fresh allotments
No fresh allotment of plot was made, but certain transfers of duly allotted plots did take place and transferees acquired membership rights under S.17(b) of Co-operative Societies Act, 1925
Held, to protect interests of all persons having acquired membership rights, it was directed that list of all such persons who were entitled to vote under the bye-laws of the society, would be prepared within two weeks; and the electoral process would commence immediately thereafter so as to ensure that elections were completed within three months; High Court further ordered that petitioner would be entitled to contest elections
Judgment & Decree
The petitioner has called in question the withdrawal of permission to contest elections to the membership of the managing Committee of the PIA Cooperative Housing Society earlier accorded to him. A similar order had been passed in respect of some other members of the society who approached this Court through C.P. No.1072 of 2006 and obtained redress vide judgment, dated 23-11-2006. Learned counsel has relied upon the same precedent. The petitioner had also sought restraining order against the respondents from granting voting rights to newly inducted members. Earlier, in C.P. No. 1385 of 2006, this Court by order dated 3-5-2006 had directed holding of the elections in the society within three months. Which could not have been unfortunately given effect. In the aforesaid order the Court restrained fresh allotment. We are informed that though no fresh allotment of plot was made but certain transfers of duly allotted plots did take place and transferees acquired membership rights inter alia under section 17(b) of the Cooperative Societies Act. To protect the interests of all persons having acquired membership rights, we would direct that a list of all such persons who are entitled to vote under the bye-laws of the Society as of today (28-9-2007) shall be prepared within two weeks and the electoral process would commence immediately thereafter so as to ensure that the elections are completed within three months from today. It is further ordered that the petitioner will be entitled to contest elections. The above order is passed by the consent of the parties. The petition stands disposed of. H.B.T./A-2/K Order accordingl