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Search Results: Categories: Cooperative Societies Act (1 found)

Rana Muhammad Irfan VS Secretary Jammu & Kashmir Housing Society etc

Citation: Pending

Case No: Writ Petition-4971-2025

Judgment Date: 2026-03-05

Jurisdiction: Islamabad High Court

Judge: Justice Muhammad Azam Khan

Summary: (a) Constitution of Pakistan---- ----Art.199---Cooperative housing society---Removal/suspension of Chairman---Statutory appeal exhausted---Maintainability of constitutional petition---Held, that mere absence of a further statutory appeal, or finality attached to an appellate order under the statutory framework, does not by itself oust constitutional judicial review---High Court may examine jurisdictional defect, violation of mandatory procedure, breach of natural justice, mala fide apparent on record, or patent misreading/non-reading of material evidence. (b) Constitution of Pakistan---- ----Art.199---Concurrent findings of Registrar and appellate authority---Scope of interference---Held, that constitutional jurisdiction is supervisory and corrective, not appellate---High Court does not reappraise evidence or disturb concurrent findings of fact unless impugned orders suffer from lack/excess of jurisdiction, coram non judice proceedings, violation of mandatory provisions, prejudice-causing breach of natural justice, mala fide, or patent misreading/non-reading of evidence. (c) Islamabad Cooperative Societies Rules, 2018---- ----R.57---Inquiry against office bearer of cooperative society---Procedure---Held, that R.57 does not prescribe a rigid trial-like inquiry requiring examination and cross-examination of witnesses in every case---Where allegations are based mainly on official documentary record, fair inquiry may be conducted by confronting the charged person with relevant documents and affording opportunity to explain. (d) Islamabad Cooperative Societies Rules, 2018---- ----R.57---Inquiry report---Natural justice---Non-examination of witnesses/cross-examination---Held, that mere assertion that no witnesses were examined or no cross-examination was afforded is insufficient to vitiate inquiry unless petitioner demonstrates what material evidence would have been rebutted through cross-examination and how absence of such opportunity caused prejudice. (e) Islamabad Cooperative Societies Rules, 2018---- ----R.57---Non-cooperation by delinquent office bearer---Belated participation---Waiver---Held, that where petitioner was aware of inquiry, failed to appear despite repeated notices, joined proceedings belatedly, and was later afforded full hearing pursuant to High Court’s earlier directions, he could not successfully challenge the inquiry on procedural deficiencies allegedly caused by his own non-participation. (f) Cooperative Societies Act, 1925 / Islamabad Cooperative Societies Rules, 2018---- ----Managing Committee of cooperative society---Chairman acting beyond authority---Effect---Held, that Managing Committee, being executive body of society, is empowered to regulate society affairs and its decisions recorded in minutes bind office bearers including Chairman---Chairman cannot disregard collective decisions of Managing Committee by making unauthorized representations, appointments, terminations or issuing notices without approval. (g) Cooperative housing society---- ----Chairman---Unauthorized representations in judicial forums---Power of attorney contrary to Managing Committee decision---Held, that Chairman acted beyond authority where he made representations in judicial forums despite Managing Committee’s decision designating other office bearers for that purpose, and executed power of attorney contrary to said decision. (h) Cooperative housing society---- ----Chairman---Unauthorized appointments and terminations---Violation of bye-laws and Managing Committee decisions---Held, that termination and appointment of employees without approval of Managing Committee, and in violation of Bye-law No.36(1) and decisions taken in meetings, justified adverse findings against Chairman. (i) Cooperative housing society---- ----Forged document---Fake stamp of R&I Branch---Inquiry finding---Held, that finding regarding production of forged document bearing fake R&I Branch stamp was not based on mere allegation where Incharge of R&I Branch verified that stamp was counterfeit---Such verification showed inquiry officer had conducted independent verification and did not merely reproduce complaint. (j) Constitution of Pakistan---- ----Art.199---Inquiry report based on documents---Application of mind---Held, that inquiry report is not invalid merely because it narrates allegations before evaluating them---True test is whether authority applied its mind to evidence and recorded independent findings; where report discussed complaint, documentary record, petitioner’s response/lack thereof and reasons for conclusions, it could not be termed sham or colorable exercise. (k) Cooperative Societies Act, 1925---- ----S.43---Separate application by Chairman---Proceedings under R.57---Effect---Held, that petitioner’s contention that his separate application under S.43 was not decided did not affect validity of proceedings under R.57 where final order was passed on complaint before Registrar and ancillary application stood merged in final determination. (l) Constitution of Pakistan---- ----Art.199---Cooperative society dispute---Suspension/removal order---Due process---Held, that where Registrar and appellate authority afforded opportunities of hearing, examined documentary material including minutes, dispatch register and verified forged stamp, and recorded concurrent findings, High Court declined interference in constitutional jurisdiction. Disposition: Writ petition was dismissed; preliminary objection to maintainability was overruled only to the limited extent of examining jurisdictional/procedural illegality and natural justice; however, impugned orders dated 04.03.2025 and 31.10.2025 passed by Registrar Cooperative Societies and Secretary Cooperative Society Department were upheld; Court held that inquiry was lawfully conducted, based on material evidence, in substantial compliance with natural justice, and suffered from no illegality, jurisdictional defect, perversity, misreading or non-reading of evidence.

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