1986 PLP 2633 (CLC)

MUHAMMAD ZAHOORUL HAQ, J.‑‑These four petitions are directed against the demand notices issued to the four petitioners by the Assistant Registrar of Cooperative Societies, Sukkur, on 3‑3‑1979.

2. Petitioner, Haji Sadiq was asked to pay a sum of Rs.76.500/55, petitioner Ghulam Hussain was asked to pay a sum of Rs.72,440 petitioner Malik Mahmood was asked to pay a sum of Rs.72,606 and petitioner Ziauddin was asked to pay a sum of RS.1,42,000.

3. It has been alleged in the letter which was titled as a show‑cause notice that the martial law authorities had appointed Kadir as Enquiry Officer to look into the affairs of Sukkur Cooperative Housing Society Union and its sixteen affiliated Housing Societies who had found these petitioners to be involved in mal practice/ misappropriation of funds. It was disclosed in the said letter that the information to the Assistant Registrar, Cooperative Societies had been conveyed by the Commissioner, Sukkur, by his letter, consultation with D.M.L.A. Sukkur.

5. The protest was made by the petitioners on 9‑3‑1979. On 19‑5‑1979 every one of the petitioners was informed by the Assistant Registrar, Cooperative Societies that the said Registrar had collected from martial law enquiry committee reports of the details in respect of the liabilities of the petitioners and the same were conveyed to these petitioners by separate letters. The petitioners felt aggrieved on the said account end filed the petitions in June, 1979.

6. The petitioners have contended that they were not liable to pay any amount to any one and that no enquiry, whatsoever, has been made from them by anyone in this regard. They have further contended that the amounts sought to be recovered from them are in respect of the various Cooperative Housing Societies of which they were the office‑bearers and, therefore, if any liability in respect of such amount was to be imposed upon them then the only course available to the Enquiry Officer was to make a reference for arbitration to the Registrar of Cooperative Societies under section 54 of the Cooperative Societies Act and obtain an award in pursuance of the same which has not been done in this case at all.

7. There is no counter‑affidavit filed by any one of the respondents to controvert the allegations made in the petition.

8. The parawise comments which had been filed by Mr. S.A. Wajid Naqvi, the Registrar of Cooperative Societies, Sind, at Hyderabad, dated 28‑7‑1979 also shows that probably there had been some private enquiry made by someone at the instance of the D.M.L.A. or the Commissioner of Sukkur but there is no mention of any notice having been issued to the petitioners nor there is any mention in the said parawise comments that there was any proceeding under section 54 of the C.S. Act for determining the liabilities of these petitioners. In this view of the matter, it appears clearly that the petitioners have been condemned unheard and without any lawful authority and, therefore, these petitions are allowed. The alleged notices of demand of payment, dated 3‑3‑1979 and 19‑5‑1979 are declared to be without lawful authority and ineffective. The respondents Nos. 4 to 7 are restrained from enforcing these notices. No such direction is needed in respect of respondents Nos.'1 to 3 as they have lost all their capacity to act under martial law as the martial law Ages not exist any more. The petitions are thus, allowed. It is, however, made clear that we have refrained from commenting upon merits of the demand made against the petitioners and, therefore, if the relevant authorities or the societies want to proceed against the petitioners then they may do so in accordance with the law and not otherwise. Mr. Ibrahim Memon, A.A. ‑G. had appeared in the four petitions on behalf of the respondents and had not been able to place before us any document justifying the legality of the demands made from the petitioners. A . A . Petitions allowed.