ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

PRESENT:

Mr. Justice Aqeel Ahmed Abbasi

Mr. Justice Mahmood A. Khan

C.P. No.D-1159 of 2023

___________________________________________________________________                                        Date                                     Order with signature of Judge 

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FRESH CASE:

1. For order on CMA No.5521/2023 (Urgent).

2. For order on CMA No.5522/2023 (Exemption).

3. For order on CMA No.5523/2023 (Stay).

4. For hearing of main case.

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Dated; 1^st March 2023

Attorney of Petitioner Syed Nasir Ali Advocate present in person.

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1.         Urgency granted.

2.         Exemption granted subject to all just exceptions.

3&4.    Through instant Constitutional Petition, the petitioner, who claims to be a member of The Government Teachers’ Co-operative Housing Society Limited Karachi, has sought a declaration to the effect that Special General Body Meeting dated 29.12.2019 of the members of Sector 21-A and the decision taken therein may be declared as illegal and void ab initio, whereas, it has been further alleged that the present management of the Society in gross violation of law and the bye-laws of the Society has cancelled and allotted several plots and has also not convened general body meeting for the last five years. According to petitioner, respondents No.2&3 have failed to perform their statutory duty to take action against the present management of the Society, and there is apprehension that funds and the plots in the society will be usurped and misappropriated.

Attention of the petitioner was drawn to the provisions of the Sindh Co-operative Societies Act, 2020, wherein complete mechanism for redressal of grievance has been provided, whereby, the Registrar, Cooperative Societies Sindh, can take appropriate action under Chapter VII of the Act. Moreover, the Special Courts for Cooperative Societies constituted under the provision of Section 117 of the Cooperative Societies Act, 2020 to try offences under the Act. In response, learned counsel submitted that petitioner has approached the Secretary, The Government Teachers’ Co-operative Housing Society Limited Karachi pointing out such illegality, whereas, copy of such letter has been marked to the Registrar, Cooperative Societies, who has passed an order on 23.02.2023 to conduct inquiry in the instant matter. 

            Since the petitioner has already availed the remedy provided under the law, whereas, the Registrar Co-operative Societies has constituted a committee in terms of Section 55(1) of the Act to conduct an inquiry in respect of the allegations as contained in the instant petition. It will be appropriate if the petitioner may pursue the said remedy and raise all such factual and legal grounds as agitated through instant petition, whereas, it is expected that respondent No.2 shall pass appropriate order on the complaint of the petitioner after providing opportunity of being heard in accordance with law. In case of any further grievance, petitioner may avail the further remedy as available to her in accordance with law.   

            Instant Petition, being premature, is hereby disposed of in the above terms alongwith listed application.

J U D G E

            J U D G E

*Farhan/PS*