| Case ID |
ed393ad1-6f65-4f3f-83a9-f8725493dc72 |
| Body |
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| Case Number |
D-1424 of 2008 |
| Decision Date |
Dec 01, 2010 |
| Hearing Date |
Nov 23, 2010 |
| Decision |
The court dismissed the petition filed by the Shahbaz Qalandar Cooperative Housing Society Limited, confirming the Registrar's authority to initiate an inquiry under section 43(1) of the Cooperative Societies Act, 1925. The Registrar's actions were deemed lawful as they were based on sufficient grounds, including allegations of malfeasance and non-compliance with statutory requirements. The court held that the inquiry was necessary to ensure compliance with the law and protect the interests of society members. The decision emphasized that the Registrar's powers are independent of subsection (2), and the inquiry was not invalidated by the absence of a formal complaint from society members. The petitioner was found to have made requests for deregistration, thus necessitating a thorough inquiry into the society's operations and governance. |
| Summary |
This case revolves around the inquiry initiated by the Registrar of Cooperative Societies against the Shahbaz Qalandar Cooperative Housing Society Limited. The society, which is registered under the Cooperative Societies Act of 1925, contested the Registrar's authority to conduct an inquiry into its operations, claiming that the inquiry was initiated with mala fide intentions. The court, however, upheld the Registrar's actions, stating that he had sufficient grounds to initiate the inquiry based on the society's failure to comply with statutory requirements, including the holding of General Body Meetings and submission of financial statements. The ruling reinforced the Registrar's independence in exercising his powers under section 43(1) of the Act. The decision highlighted the importance of maintaining proper governance within cooperative societies to protect the interests of their members. Keywords such as 'Cooperative Societies Act', 'Registrar authority', and 'inquiry into cooperative governance' are vital for understanding the implications of this ruling. |
| Court |
Sindh High Court
|
| Entities Involved |
Province of Sindh,
Shahbaz Qalandar Cooperative Housing Society Limited,
Registrar Cooperative Societies Sindh
|
| Judges |
SHAHID ANWAR BAJWA,
TUFAIL H. EBRAHIM
|
| Lawyers |
Muhammad Ali Hakro,
Zubair Hashmi
|
| Petitioners |
SHAHBAZ QALANDAR COOPERATIVE HOUSING SOCIETY LIMITED through Chairman
|
| Respondents |
2 others,
PROVINCE OF SINDH through Secretary Cooperative Department
|
| Citations |
2011 SLD 648,
2011 CLC 783
|
| Other Citations |
2009 CLC 143
|
| Laws Involved |
Cooperative Societies Act, 1925,
Cooperative Societies Rules, 1927
|
| Sections |
43(1),
22,
43(2),
12,
19
|