Meerut Cooperative Housing Society Limited & Ors (Petitioner) VS Syed Javed Iqbal & others (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI.

C.P.No.D-956 of 2026 (Meerut Coopeartive Housing Society Ltd v. Syed Javed Iqbal and others) Date Order with signature of Judge

Before:- Mr. Justice Adnaun-ul-Karim Memon Mr. Justice Muhammad Hasan Akber

Date of hearing and order:- 26.03.2026

Dr. Shahnawaz Memon, advocate for the petitioner.

Mr. Tanveer Ashraf, advocate for the respondent No1.

Mr. Arsalan Wahid, advocate for the intervener.

Sadam Hussain, Assistant Registrar Co-operative Societies, Javed Ali Election Officer of the Society and Shahid Bashir Chairman M.C.H.S.

ORDER

Adnan-ul-Karim Memon, J:- The petitioner has filed the captioned Constitutional Petitions under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, with the following prayer(s): - a) To set aside the impugned order dated 6th February 2026 passed by the learned 7th Senior Civil Judge Karachi West/ Special Judge for Societies Karachi Division; and consequently, to restore the election processing carried out in accordance with law by the learned Registrar of the Cooperative societies,

b) To pass any other order as deemed appropriate, looking at the facts and circumstances of the case.

2.Initially, the petitioners challenged the order dated 06.02.2026 passed by the learned 7th Senior Civil Judge Karachi West/Special Judge for Societies, whereby Respondent No.1 was allowed to contest the election of M/s Meerut Cooperative Housing Society Limited and the election process was placed under the supervision of the Nazir.

3.The petitioners counsel contended that Respondent No.1, being an estate agent, was/is disqualified under General Body resolutions and that the trial Court, through an interim order, granted final relief, unlawfully interfered in the election process, restrained the managing committee, and acted without jurisdiction.

4.Conversely, the counsel for respondents/interveners argued that Respondent No.1 was a lawful member with voting rights and that no provision of the Sindh Co-operative Societies Act, 2020 disqualifies estate agents; therefore, the resolutions were ultra vires the law. They maintained that the trial

Court’s order was an interlocutory measure to ensure fair and transparent elections.

5.In view of the above and after hearing learned counsel for the parties, it appears that the controversy primarily relates to the eligibility of Respondent No.1 and the manner of conduct of the Society elections.

6.Since both parties have agreed to resolve the dispute through a fresh, fair and transparent election, this Court, with the consent of the parties, deems it appropriate to dispose of this petition by appointing Mr. Abdul Jalil Zubedi as Election Officer to conduct the election of M/s Meerut Cooperative Housing Society Limited within a period of 45 days. The Election Officer shall exercise all powers conferred upon him under the Sindh Co-operative Societies Act, 2020 and the relevant Bye-laws of the Society for the purpose of election only. He shall prepare/finalize the voter list, scrutinize nomination papers, and shall also decide all objections of the genuine voters/plot holders/members, strictly in accordance with law, including the objections raised by the petitioners with regard to the eligibility of Respondent No.1 or any other contesting candidate. The decision of the Election Officer on such objections shall be reasoned and in accordance with law. The fee of the Election Officer is fixed Rs.300,000/- shall be paid from the Society funds. All the parties are directed to cooperate the election officer for smooth conducting of the election without creating bottlenecks.

7.With these directions, this petition stands disposed of along with pending applications.

A copy of the order be communicated to Mr. Abdul Jalil Zubedi for compliance.

JUDGE

JUDGE

Imran