2017 PLP 1191 (YLR)
Professor Dr. SHAH JUNAID AHMAD HASHMI and 2 others — Petitioners Versus REGISTRAR COOPERATIVE SOCIETIES, ISLAMABAD and 2 others — Respondents
| Citation | 2017 PLP 1191 (YLR) |
| Forum / Court | Islamabad |
| Bench Members | Aamer Farooq, J |
| Parties | Professor Dr. SHAH JUNAID AHMAD HASHMI and 2 others — Petitioners Versus REGISTRAR COOPERATIVE SOCIETIES, ISLAMABAD and 2 others — Respondents |
| Primary Law | Co-operative Societies Act (VII of 1925) |
Q1: What are the key laws and sections cited in 2017 PLP 1191 (YLR)?
This judgment primarily cites: Co-operative Societies Act (VII of 1925) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2017 PLP 1191 (YLR)?
The case was heard and decided by the Islamabad bench comprising: Aamer Farooq, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2017 PLP 1191 (YLR) (Professor Dr. SHAH JUNAID AHMAD HASHMI and 2 others — Petitioners Versus REGISTRAR COOPERATIVE SOCIETIES, ISLAMABAD and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sher Afzal Khan, Ch. Waqas Zamir and Malik Ghulam Sabir for Petitioners.
Headnotes / Summary
Ss. 3(7) & 64(A)
Islamabad Capital Territory Cooperative Societies (Managing Committee Elections) Rules, 2014, R.15(2)
Election process, scrapping of
Registrar Cooperative Societies
Petitioner was aggrieved of order passed by Registrar, Cooperative Societies whereby election process was scrapped
Registrar Cooperative Societies was the Authority under S. 3(7) of Co-operative Societies Act, 1925, and had suo motu powers under S. 64 (A) of Co-operative Societies Act, 1925, to call for record of any proceedings or process carried out by any subordinate officer
Registrar, Cooperative Societies had the authority to examine legality of election process, therefore, order of scrapping elections was within the four corners of law
Scrutiny of nomination papers and legality was to be determined by Election Commission, therefore, orders of rejecting nomination papers was set aside
Election process having not been carried out by Election Commission, therefore, the same was without lawful authority
Constitutional petition was dismissed accordingly. Citizen Cooperative Housing Limited v. Agha Taj Muhammad Academy 2011 YLR 246; Abdul Ghaffar and another v. Abdul Rauf and 2 others 2016 PLC 138; Muhammad Mustafa v. Syed Azfar Ali and 3 others PLD 2014 Sindh 224; Commissioner Income Tax/Wealth Tax, Companies Zone-III Lahore v. Messrs Idara-i-Kisan Lahore 2006 PTD 2569; Muhammad Sharif v. SHO PLD 1997 Lah. 692 and Mazhar Illahi v. The State PLD 2008 Pesh. 162 ref. Yousaf Hussain Khan v. M. Mursalin Y. Burney 1990 CLC 781; Karachi Cooperative Housing Society v. Government of Sindh 1990 MLD 389 and Ch. Muhammad Basharat v. Chief Commissioner Islamabad PLD 2012 Isl. 31 rel.