KARACHI: Tainted record of Zameer Ahmed Abbasi, Registrar Cooperative Societies, an officer in grade 18 but illegally occupying post of grade 19, against occupants of various housing societies just for minting money speaks itself very loud as he has been appeared before judges of Sindh High Court.

Being Registrar of Cooperative Housing Societies, he has initiated inquiries against 35 societies where officers have been appointed to conduct inquiries based on various complaints, ranging from appointments of administrators to disputed elections, land irregularities and financial discrepancies. To halt inquiries, more than 22 societies have obtained stay orders from Sindh High Court.

In this regard Sindh High Court division bench in its order on April 8, 2024 for C. P. No. D-1716 of 2024 against Zameer Ahmed Abbasi Registrar Cooperative Societies by quoting judgment of Supreme Court said that excessive use of lawful power is also unlawful.

Court said we see no justification for issuance of impugned Order April 2, 2024, (issued by Zameer Ahmed Abbasi), which is set aside. This petition is accepted subject to rider that future elections of Society will be held strictly in accordance with provisions of Sindh Cooperative Societies Act 2020 and Rules within shortest possible time.

"Once elections of Society are held and not disputed, then issuance of impugned Order is completely unjustified. Registrar Cooperative Societies who is present in person has attempted to justify impugned Order by stating that elections were 'managed', but, he has failed to disclose even one complaint from any person claiming that such elections were 'managed' and hence, in absence of such material, we are of view that government official should desist from making such sweeping statements, or he/she might face consequences, for an attempt to mislead Court."

Court said, "On available undisputed record, we are of view that impugned Order has been issued without considering record, which itself is an abuse of authority vested in respondent, Secretary Dr. Badar Jamil Mendhro and this act can be one of reasons for referring this matter to NAB. Once election has been held that too under statutory scheme, there is no justification to take over affairs of petitioners' Society. It is matter of record that due to such action of government officials tainted with abuse of authority, hundreds of petitions are subjudice in this Court. If statutory scheme is followed in letter and spirit, then this backlog would not have occurred. For foregoing reasons, impugned notice is issued with malafide and cannot be sustained. Impugned notification is set aside. Needless to say it is incumbent on Society to hold its elections within parameters of Sindh Cooperative Societies Act 2020 and Rules framed there under and this Order will in no manner interfere with future elections to be held under auspices of statutory framework. Petition stands allowed in above terms with no order as to costs," judgment concluded.

Published in The Daily National Courier, May, 25 2024

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