1989 PLP 986 (CLC)

ABDUL RAHIM KAZI, J.‑‑By this petition the petitioner has prayed for the following reliefs:‑ "(a) To declare that the election conducted and held on 15th July, 1988 of the Khoja (Pirhai) Shia Isna Ahsri Jamat, Karachi as illegal and inoperative in law, hence the said election is liable to be set aside and struck down which is prayed for in the light of impugned order dated 2‑8‑1988. (b) to further declare that the control and assumption of power by the so‑called President namely Hameed Ali Khojani and others in the matter of Khoja (Pirhai) Shia Isna Ashri Jamat, Karachi, is illegal and cannot be allowed to continue hence, an injunction ‑is solicited for in the interest of justice. (c) to appoint a 'RECEIVER' of Khoja Pirhai Shia Isna Ashari Jamat, Karachi, for conducting its affairs from the respectable members of the Khoja community, which is the urgent need of the time in the involved matter. (d) any other relief, this Hon'ble Court deems appropriate and fit in confirmity with the actual circumstances of the case."

2. The case of the petitioner is that he is an active member of the respondent 1's association which was registered vide certificate No.KAR‑1955 with the Assistant Registrar of Joint Stock Companies. By this petition, the petitioner has assailed the election of the association, held on 15‑7‑1988, mainly on the ground that due notice as required in the Constitution had not been given to the members and that the so‑called elected members through the alleged President Hameed Ali Bhojani are still illegally conducting the affairs of the respondent's association, forcibly occupied by them and even the accounts of Jamat are also being operated by him and others which is also absolutely illegal and has no sanction of the constitution of the said Jamat.

3. We had issued pre‑admission notice to the respondents and the Advocate‑General, Sind. The respondents have filed the counter affidavit of doctor Sibtdin Ali, Vice‑President/Acting President of the Jamat. While, the Acting Advocate‑General, Sind, has filed the comments of Provincial Assistant Registration, Joint Stock Companies, Karachi. Doctor Sibtain Ali, the respondent 1, in his counter‑affidavit has stated that prior to filing of the present petition, one Muhammad Mehdi Ismail had also filed the Civil Suit in the Court of Vth Senior Civil Judge South, Karachi, being Suit No.1088 of 1988 against the outgoing President and General Secretary. This suit was also filed or identical grounds challenging the election of 15‑7‑1988 and the reliefs sought in the suit are also identical, i.e. "(a) to declare the said election as null and void. (b) To restrain the so‑called unlawfully declared President, General Secretary and his entire body from continuing/ taking office charge. (c) To direct the Registrar of Firms to take necessary measures for the conducting of fair and fresh election as per Constitution/Bye‑Laws of the Jamat and the presentation of Identity Card a must at the time of casting of vote. (d) To direct the Registrar of Firms to seize the election records and hold enquiry and investigate in the matter and take necessary proper action against persons found responsible for irregularities and mal practices. (e) Granting any other relief or reliefs this Hobble Court deems just and proper in the circumstances of the above suit." He further contended that the present respondent 1 has also filed a suit in the same Court, being Suit No.1116 of 1988 which also pertains to the same election and the learned Senior Civil Judge has ordered the status quo to be maintained in the said suit. He has contended that these facts have deliberately been suppressed by the petitioner. It is further contended by respondent No.l that the respondent's association is very much functional and that the said election was held under the supervision of Election Commissioner, appointed by the outgoing office‑bearers who held the election and have declared the results.

4. Be that as it may, this is a dispute pertaining to a private) association in which the two suits are already pending in a competent Civil Court and the interim orders with regard to the affairs of the association have already been passed; in such circumstances, we will desist from interfering in the matter in the Constitutional jurisdiction. The petitioner may, if so advised, make application to be joined as a party in the said suits and ventilate his grievance, if any.

5. The petition is, therefore, dismissed in limine.

6. The above are the reasons for the short order which we passed today, dismissing the petition in limime. M . Z . S . /S‑295/ K Petition dismissed.