KARACHI: Malik S/o Mahedi Mohammad, Chairman of Karimabad Ismailia Multipurpose Co-Operative Society Limited (KIMCSL) has appealed before the High Court of Sindh being aggrieved and dissatisfied by the impugned order passed by the Vth Senior Civil Judge, Karachi-West in Society Civil Suit No.762/2024, The appellant called for record and proceedings from the trial Court hear the parties, set-a-side the impugned order dated 20-05-2024 and allow the stay application.  

The appeal was filed against Secretary Cooperative Department, Govt. of Sindh, Registrar Cooperative Housing Societies Sindh, Administrator Shahmir Khan Qazi Karimabad Ismailia Multipurpose Cooperative Housing Society Ltd, Arif Baloch Sub-Inspector Cooperative Societies IV, Imran Arwan, Hon. Secretary of the Society and Mrs. Gulshan Aziz Vice Chairperson of the Society.  

According to details the Appellant is permanent resident as well as one of member and current elected Chairman and head of Karimabad Ismailia Multipurpose Co-Operative Society Limited. He submitted the 'Impugned Order' which has been issued by the Registrar upon the instructions of Imran Arwan, Hon. Secretary of the Society without serving any show cause notice U/S 54 of the Sindh Co-Operative Societies Rules 2020 or giving chance of personal hearing to the Appellant U/A 10-A of the Constitution of Islamic Republic of Pakistan, 1973 thereby violating the principle of natural justice. 

The Registrar has unlawfully, arbitrarily, with malafide, without lawful cause authority and/or justification through impugned order had constituted an election committee to hold election for the post of Chairman and 1/3rd Directors of society under case/ KIMCSL within 30 days without any lawful justification. It is submitted that the Impugned order is patently illegal as it has been issued without following the rules, justification or solid reason to do so, has no basis in law and in fact, is a fitting illustration of abuse of powers by state institutions to cause immeasurable loss to the Appellant. It is important to mention here that the imperative requisites of Rules 54 of the Sindh Cooperative Societies Rules 2020 specially issuance of show cause notice to the society, publication of notification in official gazette, the articulation of reason with a stipulated duration and the emergent situation/ circumstances which leads to issuance of impugned order are conspicuously absent in impugned order. 

Hence, being aggrieved by the illegal and malafide exercise of authority by the Registrar the Appellant has approached this Hon'ble Court with the prayer to suspend the operation of said impugned order and further to set-aside the same, thereby granting his stay application.

Prior to this impugned order, the Registrar U/S 13(2) of the Cooperative Societies Act 2020 read with Rule 8 of the Cooperative Societies Rules 2020 issued another Office Order dated: 05.04.2024 for conducting election of Chairman and 1/3rd of the members of the managing committee and affairs of the society have been restored to its management. In this regard, it is important to mention here that the 13(2) of the Cooperative Societies Act 2020 read with Rule 8 of the Cooperative Societies Rules 2020 does not say anything about Election especially of Chairman, the Appellant added. 

Published in The Daily National Courier, July, 01 2024

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