| Case ID |
1abfddf5-e6fd-4b96-8028-67ab8e94f064 |
| Body |
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| Case Number |
W.P. No. 3609 of 2022 |
| Decision Date |
Aug 15, 2023 |
| Hearing Date |
Jun 13, 2023 |
| Decision |
The Islamabad High Court ruled that the cancellation of registration of the Islamabad Cooperative Housing Society was not legally sustainable. The court emphasized that the Registrar failed to follow the due process mandated by the Cooperative Societies Act, particularly regarding inquiries and inspections. The court found that the Registrar's grounds for cancellation, based on the areas of operation falling outside the Islamabad Capital Territory, were not valid under the provisions of the law. Consequently, the court set aside the cancellation orders and directed the Registrar to verify compliance with the registration requirements. The decision reinforced the rights of registered societies to operate within their approved bylaws across different provinces, highlighting the importance of adhering to legal procedures in administrative actions. |
| Summary |
This case revolves around the cancellation of registration of the Islamabad Cooperative Housing Society under the Cooperative Societies Act, 1925. The Islamabad High Court addressed the legal implications of the cancellation, focusing on the necessity of due process in administrative decisions. The court scrutinized the actions of the Registrar, who initiated cancellation proceedings without proper inquiry or adherence to legal requirements. The ruling underscored the rights of cooperative societies to operate within their registered bylaws, even when extending operations into other provinces. The court's decision emphasizes the importance of legal compliance and procedural fairness in the regulation of cooperative societies, ensuring that due process is respected in administrative actions. This case serves as a precedent for future administrative law cases involving cooperative societies and their rights under the Cooperative Societies Act. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
Arbab Muhammad Tahir, J.
|
| Lawyers |
Mr. Abdul Wahid Qureshi,
Mr. Asad Mehmood,
Mr. Naseem Ahmed Shah,
Mr. Khurram Mehmood Qureshi,
Mr. Abdul Rauf Qureshi,
Mr. Jelal Haider,
Syed Farhat Abbas Sherazi,
Mr. Ahsan Rashid,
Mr. Khalid Mehmood Dhoon,
Mian Zain ul Abdeen Qureshi
|
| Petitioners |
ISLAMABAD COOPERATIVE HOUSING SOCIETY, ISLAMABAD through Secretary
|
| Respondents |
ADDITIONAL COMMISSIONER (G)/DIRECTOR ADMIN, ICT and 2 others
|
| Citations |
2024 SLD 3991,
2024 PLJ 76
|
| Other Citations |
1991 SCMR 561,
2015 SCMR 630
|
| Laws Involved |
Cooperative Societies Act, 1925
|
| Sections |
43,
44,
44-A,
47,
64-A
|