| Case ID |
5cbaac56-fc1c-4b44-b0a1-ea7bb66d7e4d |
| Body |
View case body. Login to View |
| Case Number |
C.P. No.D-1315 of 2005 |
| Decision Date |
Jan 13, 2006 |
| Hearing Date |
Dec 16, 2005 |
| Decision |
The petition filed by the former President of the Karachi Electric Dealers Association was dismissed. The case revolved around the legality of an amendment made to the Articles of Association, which extended the election term for office-bearers from one year to three years. The petitioner, who had served multiple three-year terms, challenged this amendment, claiming it was illegal. However, the court found that the petitioner had previously acknowledged and communicated the results of elections held under the amended terms, thereby asserting that he could not claim the amendment was invalid after having benefitted from it. The court emphasized the principle that a petitioner must approach the court with clean hands, meaning they should not benefit from a situation and then challenge its legality. Consequently, the petition was dismissed with costs. |
| Summary |
In the case of C.P. No.D-1315 of 2005, the Sindh High Court deliberated on the maintainability of a constitutional petition concerning the election of office-bearers of the Karachi Electric Dealers Association under the Societies Registration Act, 1860. The petitioner, Muhammad Irfan, had served as President for over 20 years and challenged an amendment that extended the election term from one to three years. The court found that the petitioner had previously accepted the election results under the new terms and ruled that he could not contest the legality of the amendment after benefiting from it. This case highlights important legal principles about the conduct of petitioners and the implications of amendments in organizational governance. Legal professionals should note the significance of clean hands in litigation, particularly in cases involving internal governance disputes within registered societies. Keywords such as 'Societies Registration Act', 'constitutional petition', 'election legality', and 'organizational governance' are relevant for legal research and SEO optimization. |
| Court |
Sindh High Court
|
| Entities Involved |
Karachi Electric Dealers Association
|
| Judges |
SABIHUDDIN AHMED, C.J.,
MUHAMMAD ATHER SAEED, J
|
| Lawyers |
Abdul Aziz Khan,
Anwar Mansoor Khan, A.-G.,
Abdul Rasheed
|
| Petitioners |
MUHAMMAD IRFAN
|
| Respondents |
PROVINCE OF SINDH and others
|
| Citations |
2006 SLD 2103,
2006 CLC 847
|
| Other Citations |
Not available
|
| Laws Involved |
Societies Registration Act (XXI of 1860),
Constitution of Pakistan (1973)
|
| Sections |
16-A,
199
|