ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-1757 of 2023

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.8719/2023 (Urgent).

2. For order on CMA No.8720/2023 (Exemption).

3. For order on CMA No.8721/2023 (Stay).

4. For hearing of main case.

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Dated; 6^th April 2023

Mr. Rafiq Ahmed Baloch, Advocate for Petitioner.

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1. Urgency granted.

2. Exemption granted subject to all just exceptions.

3&4. Through instant Constitutional Petition, the petitioner has expressed his grievance against respondents No.4&5, who according to learned counsel for the petitioner, are not issuing fresh schedule of election of the respondent No.5’s society inspite of Court’s directions as contained in order dated 07.03.2023 passed by this Court in C.P. No.D-187/2022. However, from perusal of the record, it appears that the contention of the learned counsel for petitioner is totally misconceived, whereas, specific directions have been issued to the Official Assignee pursuant to Reference No.01/2022 to announce the schedule of elections of PIA Employees Cooperative Housing Society Limited in terms of order dated 31.05.2022 passed by this Court in the aforesaid petition and complete the process of elections within a period of four weeks thereafter and submit compliance to the Court within two months from the date of the aforesaid order. Whereas, further directions have been issued that in case of any hindrance whatsoever created by Mansoor Habib, Incharge Committee of the Society or any other person towards process of elections of the Society, contempt proceedings will be initiated against such delinquent person(s) without issuance of notice under the relevant law.

Under these circumstances, filing of fresh petition on flimsy ground amounts to creating hindrance towards implementation of Court’s order, as referred to hereinabove, whereas, no cause of action or grievance appears to have been pointed out through instant petition, which appears to be an attempt to delay the process of elections. Accordingly, instant petition, besides being frivolous, is totally misconceived and not maintainable, which is hereby dismissed in limine alongwith listed application.

J U D G E

*Farhan/PS*