O R D E R S H E E T

IN THE HIGH COURT OF SINDH AT KARACHI

C.P.No.D-235 OF 2009

ORDER WITH THE SIGNATURE OF THE JUDGES

1. For katcha peshi

2. For hearing of Misc. No.988/09.

10.03.2010 :

Mr. Aamir Aziz, advocate for the petitioner.

Mr. Zubair Hashmi, advocate for the respondent No.1, 2, 4 & 5.

Mr. Khawaja Naveed Ahmed, advocate for the respondent No.3.

Mr. Rizwan Ahmed Siddiqui, advocate for the intervenor.

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Petitioner has sought direction to hold independent enquiry in the affairs of the respondent No.3 society "The Associated Press of Pakistan Cooperative Housing Society Ltd." and other incidental relief. It was stated that the petitioner's membership has been cancelled without any notice and no Annual General Meeting (AGM) are being held by the Society. The affairs of the society are being mis-managed and need thorough investigation enquiry by this Court. The question whether the AGM held or not is the matter pertains to the affairs of the Society. Petitioner whose membership has been cancelled rightly or wrongly is a question of fact and for such cancellation of the membership, she even otherwise could have sought a relief under Section 54 of the Cooperative Societies Act and not in exercise of writ jurisdiction.

Mr. Zubair Hashimi, learned counsel for respondents No.1, 2, 4 & 5, contends that the audit is being carried out and if any discrepancies are found, action in accordance with law would follow.

Mr. Khawaja Naveed Ahmed, learned counsel for the respondent No.3, states that the petitioner's father has acquired a plot in the name of his daughter, the petitioner herein, who has defaulted in the payment of dues of the society, therefore, the membership was rightly cancelled. Though she is holding a plot but she is not entitled for the membership which is subject to payment of outstanding dues which are deliberately not paid and instead she invoked constitutional jurisdiction of this Court without any just point. Petitioner has not sought any relief as to infringement of her right or interest, therefore, we do not see any reason to interfere in the affairs of the society. Official Respondents are already carrying out Audit, as stated by Mr. Hashmi, action if any required, would follow. We have also not found any merit in the case, which is accordingly dismissed alongwith listed application.

J U D G E