| Case ID |
269531f5-24c7-4b9d-b715-0e393fc09874 |
| Body |
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| Case Number |
Writ Petition No.3050 of 2011 |
| Decision Date |
Dec 08, 2011 |
| Hearing Date |
|
| Decision |
The court ruled that the silence of the petitioners regarding their non-inclusion in the voters list did not constitute acquiescence. It was determined that the petitioners, having been admitted as members of the society and having purchased plots, were entitled to participate in the elections. The court directed the respondents to include the names of all petitioners in the electoral roll, except those who were defaulters on dues to the society. The case highlighted the importance of extending voting rights to all members, promoting equitable participation in the electoral process, and ensuring that the collective will of members shapes the society's decision-making. |
| Summary |
The Lahore High Court addressed a pivotal issue in the case of ZAFAR ALI and others vs REGISTRAR COOPERATIVES PUNJAB, LAHORE, centered around the eligibility of members in the Supreme Court Employees Cooperative Housing Society to vote in upcoming elections. The petitioners argued their right to vote and stand as candidates based on their membership status. The court's decision emphasized the importance of inclusivity in elections, ruling that the past silence of petitioners regarding their non-inclusion on the voters list did not negate their rights. The court mandated that all eligible members be included in the electoral roll, reinforcing democratic principles within cooperative societies. The decision underlines the significance of voting rights and equitable treatment in electoral processes, paving the way for improved governance in cooperative housing societies. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
IJAZ AHMAD, J
|
| Lawyers |
Malik Ghulam Mustafa Kandwal,
Munir Ahmad Paracha,
Rashid Hafeez,
Rana Dilnawaz Ahmad Khan
|
| Petitioners |
ZAFAR ALI and others
|
| Respondents |
REGISTRAR COOPERATIVES PUNJAB, LAHORE and others
|
| Citations |
2012 SLD 520 = 2012 CLC 805
|
| Other Citations |
Mst. Halima Rasheed v. Registrar Cooperative Housing Society and 32 others 2010 YLR 2497
|
| Laws Involved |
Supreme Court Employees Cooperative Housing Society Election Rules,
Supreme Court Employees Cooperative Housing Society Bye-Laws,
Constitution of Pakistan
|
| Sections |
2(1)(d),
3,
4,
5,
4,
7(7),
47(II)(a),
47(1),
Art.199
|