KARACHI: Vth Senior Civil Judge Karachi-West/ Special Court for Cooperative Societies Karachi Division has suspended appointment notification of Administrator Zain-ul-Abidin, Sub-Inspector (BS-14) Cooperative Societies of March 6, 2024 till next date of hearing for Architect and Engineers Employees Cooperative Housing Society (AEECHS). 

Notification was issued by Dr. Badar Jamil Mendhro, Secretary Sindh government/Chairman Sindh Cooperative Housing Authority. Court order issued on June 3, 2024 said authority to appoint managing committee or administrator under Section 7 of 1982 Ordinance lies with ‘Authority’ and not with Chairman or any other individual in their personal capacity. Section 4 of Sindh Cooperative Housing Authority Ordinance 1982 outlines establishment and structure of Sindh Cooperative Housing Authority.        Authority is composed of chairman and other members, both official and non-official, appointed by Sindh Governor. Chairman has special power to co-opt any person as member for specific purposes, although such co-opted members do not have voting rights. 

It is an established fact that Badar Jamil Mendhro in his capacity as Chairman/ Secretary, unilaterally issued impugned notification March 6, 2024, without obtaining approval from Authority, which consists of Chairman and both official and non-officials members. This is in violation of provisions outlined in Section 7, in conjunction with Section 4(2), of Sindh Cooperative Housing Authority Ordinance 1982. Moreover, High Court of Sindh has already dissolved committee of Society and appointed administrator by virtue of order March 22, 2001 in C.P. No.D-795 of 1993 followed by order December 23, 2010 whereby Moinuddin Ahmed, ex-Nazir was appointed as administrator of Society.  SHC order said that Moinuddin Ahmed will conclude exercise preparing list of members of society within period of 3 months and after such list is prepared proceed to hold elections of society and put up his final report before Court with results election.  Moinuddin Ahmed will examine functioning of previous Administrator and prepare a comprehensive report with regard to him and submit same to Court with his recommendation for taking appropriate action against him, as ordered by Sindh High Court.  According to Civil Court, aforesaid order passed by High Court of Sindh at Karachi holds field and same has never been set-side by Supreme Court, nor recalled by High Court itself. In such circumstances, impugned notification itself violates lawful orders passed by High Court of Sindh, order concluded.