| Case ID |
397a7fc2-1b36-4721-8800-2bd8c166db06 |
| Body |
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| Case Number |
Writ Petition No.5764 of 2014 |
| Decision Date |
Mar 18, 2014 |
| Hearing Date |
|
| Decision |
The Lahore High Court set aside the impugned order disqualifying the petitioner from contesting the election for the post of General Secretary of the Housing Society. The court noted that the petitioner had served unblemished for three years without any objections, establishing that he did not promote personal business interests conflicting with his duties. The court emphasized that disqualification rules should not impede capable candidates and allowed the petition. |
| Summary |
In the case of Malik Shahbaz Ali vs. SCS and others, the Lahore High Court dealt with a constitutional petition regarding the disqualification of the petitioner from the election for General Secretary of a Housing Society due to alleged conflict of interest linked to his prior property business. The court found that the petitioner had served without complaint for three years and had sold his property business, making the disqualification unjust. The ruling emphasized the importance of fair electoral processes in cooperative societies, affirming that past service without objection should be considered favorably. The decision reinforces the principles of transparency and accountability in cooperative governance, highlighting the balance between conflict of interest regulations and the right to participate in elections. This ruling is crucial for understanding electoral eligibility in cooperative societies and the judicial perspective on conflicts of interest in Pakistan's legal framework. |
| Court |
Lahore High Court
|
| Entities Involved |
Iqbal Avenue Cooperative Housing Society Ltd.
|
| Judges |
UMAR ATA BANDIAL, C.J.
|
| Lawyers |
Ahmad Waheed Khan for Petitioner,
M. Iftikhar Shah for Respondent No.2,
Zubair Mahmood Chaudhry for Respondent No.3,
M. Sarfraz Ahmad, Assistant Registrar Cooperatives Department (Housing-III) Lahore
|
| Petitioners |
Malik SHAHBAZ ALI
|
| Respondents |
SCS and others
|
| Citations |
2014 SLD 1727,
2014 CLC 962
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan
|
| Sections |
199
|