| Case ID |
d6ed80b4-3d19-41d1-b451-249342ab684c |
| Body |
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| Case Number |
D-394 of 2010 |
| Decision Date |
Jan 03, 2011 |
| Hearing Date |
|
| Decision |
The Sindh High Court allowed the constitutional petition, directing the authorities to provide an opportunity for the petitioner to respond to the show-cause notice regarding the appointment of an administrator. The court emphasized that the authority must hold elections for the office bearers of the cooperative housing society within one year from the date of the order. The court's decision highlighted the need for lawful authority and proper procedures in the appointment of administrators and the conduct of inquiries related to cooperative societies. |
| Summary |
The case revolves around the constitutional petition filed by Gulshan-e-Faisal Cooperative Housing Society Ltd. against the Province of Sindh regarding the appointment of an administrator without following due process. The court examined the Sindh Cooperative Housing Authority Ordinance, 1982, and determined that actions taken by the government lacked lawful authority and failed to comply with the necessary legal protocols. The ruling stressed the importance of adhering to established laws and regulations governing cooperative societies, ensuring that the rights of the society’s members are protected. This case serves as a precedent for future disputes involving cooperative societies and emphasizes the necessity for transparency and accountability in administrative actions. Keywords such as 'Sindh Cooperative Housing Authority', 'constitutional petition', 'administrator appointment', and 'lawful authority' are critical for understanding the implications of this case. |
| Court |
Sindh High Court
|
| Entities Involved |
Government of Sindh,
Gulshan-e-Faisal Cooperative Housing Society Ltd.
|
| Judges |
SAJJAD ALI SHAH,
SHAHID ANWAR BAJWA
|
| Lawyers |
Rasheed A. Rizvi,
Zubair Hashmi,
Abrar Hasan
|
| Petitioners |
GULSHANEEAISAL, COOPERATIVE HOUSING SOCIETY, LTD.
|
| Respondents |
PROVINCE OF Sindh court through Chief Secretary and 5 others
|
| Citations |
2011 SLD 2237,
2011 PLD 163
|
| Other Citations |
Province of Sindh v. Public at Large, PLD 1988 SC 138,
Yousaf Muneer Shaikh and others v. Election Commission of Pakistan and others 2004 CLC 123,
Karachi Cooperative Housing Societies Union Ltd. v. Government of Sindh and another 2003 YLR 1513,
Liaquat Ali v. Government of Sindh through Secretary, Home Department and another PLD 1973 Kar. 78,
The Ismailia Garden Cooperative Housing Society Ltd. and 2 others v. Province and Government of Sindh through Chief Secretary and 5 others 1992 CLC 2088,
Messrs Noorani Traders, Karachi through Managing Partner v. Pakistan Civil Aviation Authority through Airport Manager, Karachi PLD 2002 Kar. 83,
Federation of Pakistan and others v. Tapir Latif 2007 SCMR 152,
Haji Abdullah Khan and others v. Nisar Muhammad Khan and others, PLD 1965 SC 690,
Syed Saeed Hassan v. Pyar Ali and 7 others PLD 1976 SC 6,
Fishermen's Cooperative Society Ltd. and 7 others v. The Registrar, Cooperative Societies, Sindh, Hyderabad and 3 others 1998 CLC 1285,
Ram Kumar v. State of Haryana AIR 1987 SC 2043
|
| Laws Involved |
Sindh Cooperative Housing Authority Ordinance, 1982,
Sindh Cooperative Housing Authority Rules, 1986,
Cooperative Societies Act, 1925,
General Clauses Act, 1897,
Constitution of Pakistan
|
| Sections |
6,
7,
14,
4,
22,
24-A,
199
|