Karimabad Society Chairman approaches SHC against removal by Registrar
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KARACHI: Malik son of Mahedi Mohammad Chairman of Karimabad Ismailia Multipurpose Co-Operative Society Limited has filed appeal against Registrar, Cooperative Housing Societies Sindh.
Appellant approached Sindh High Court with prayer to suspend operation of said impugned order and further to set- aside same, thereby granting his stay application. Other respondents include Administrator Shahmir Khan Qazi, Arif Baloch, Sub-Inspector Cooperative Societies IV, Karachi and Imran son of Arwan (Hon. Secretary of Society) and others, against impugned order May 20, 2024, passed by learned Vth Senior Civil Judge, Karachi-West. In his appeal Malik submitted that officials of Cooperative Housing Societies Sindh are public functionaries who are subservient to constitution and are bound to act in accordance with law, justly, fairly, without any bias and for advancement of justice. On April 5, 2024 Registrar upon instructions of Imran Arwan issued illegal, arbitrary, malafide order of Chairman’s removal without serving any show cause notice U/S 54 of Sindh Co-Operative Societies Rules 2020 or giving chance of personal hearing to Appellant U/A 10-A of Constitution of Islamic Republic of Pakistan, 1973 thereby violating principle of natural justice. Registrar also constituted an election committee to hold election for post of Chairman and 1/3rd Directors of society under case/KIMCSL within 30 days without any lawful justification. Imperative requisites of Rules 54 of Sindh Cooperative Societies Rules 2020 specially issuance of show cause notice to society, publication of notification in official gazette, articulation of and the emergent with stipulated situation/circumstances which leads to issuance of impugned order are conspicuously absent in impugned order.
Hence, being aggrieved by illegal and malafide exercise of authority by Registrar Appellant has approached this Court with prayer to suspend operation of said impugned order and further to set- aside same, thereby granting his stay application.
Published in The Daily National Courier, June, 04 2024
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