ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P. No.D-490 of 2018

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Dated: Order with signature of Judge(s)

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1. For order on Misc. No.1986/2018

2. For order on Misc. No.1987/2018

3. For order on Misc. No.1988/2018

4. For hearing main case.

18.01.2018:-

M/s. Khalil Ahmed Siddiqui, Choudhary Asif Javed and Zulfiqar Ali advocates for the petitioner.

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1) Urgency granted.

2) Exemption granted subject to all just exceptions.

3&4) Per learned counsel for the petitioner, the affairs of the petitioner society are being run strictly in accordance with law and in consonance with the bye-laws of the society as well as laws of the Cooperative Society. Audit reports till 30-06-2017 was duly prepared and submitted to the relevant authorities, copies of audit reports and covering letter are enclosed alongwith MoP. Learned counsel for the petitioner contends that election of the society for the year 2018 were announced to be held on 07.01.2018. However, on 29.12.2017 letter was received from the respondent NO.4 to the petitioner for postponing the annual general body meeting when the elections were to be held. Learned counsel for the petitioner submits that on 02.01.2018 respondent No.2 issued letter to the petitioner and directed to call special general body meeting for the purpose of elections for the post of President and entire Managing Committee by appointing Mr. Naveed Ahmed Abbasi Deputy Registrar. Per learned counsel for the petitioner, the petitioner fully cooperated with the authorized officer/Deputy Registrar for conducting general body meeting through letter dated 06.01.2018 available as annexure “E/1” with MoP but said letter was never replied and contrary to that on 17.01.2018 petitioner has received notice under section 43(1) of the Cooperative Societies Act, 1925 issued by the respondents available as annexure “F” with MoP. Learned counsel urged that respondent No.2 on 11.01.2018 passed order without giving an opportunity of being heard to the petitioner. Copy of order is enclosed as Annnexure “F/1 with MoP. Learned counsel further submits that letter dated 16.01.2018 issued by the Deputy Registrar of the Cooperative Society to the Bank Managers where the petitioner’s society running bank accounts with direction not to operative accounts of the petitioner’s society. Per learned counsel for the petitioner, the acts on the part of the respondents Nos.2 to 4 are patently illegal, malafide and unwarranted. Issue notice to the respondents and Advocate General Sindh for 30.01.2018. Till next date of hearing, respondents are directed to conduct themselves strictly in accordance with law. However, respondents may proceed with the inquiry in accordance with law but no final order should be passed without permission of this Court.

JUDGE

JUDGE