Ch. MUHAMMAD SADDIQUE vs The SECRETARY COOPERATIVE arts — 2022 MLD 1081 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 MLD 1081 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: MLD
Parties: Ch. MUHAMMAD SADDIQUE vs The SECRETARY COOPERATIVE arts
Subject matter: Constitutional
Provisions referred to: S. 17-B---C; S. 17-B

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Ch. MUHAMMAD SADDIQUE VS The SECRETARY COOPERATIVE arts.199, 10-a, 23 & 24---Co-operative Societies act (VII of 1925), S.17-B---Constitutional petition---Right to fair trial---Provision as to property---Protection of property rights---Expulsion of a member of society---Opportunity of hearing---Scope---Petitioner defaulted in payment of outstanding dues regarding cost of land and development charges as such, respondents cancelled the plots by refunding the deposited amounts, which order was assailed through present constitutional petition---Validity---Minute reading of S. 17-B of the Co-operative Societies act, 1925, revealed that an opportunity of hearing was a must rather one was a deadly committer of default---In petitioner's case said proviso was missing, as admittedly the respondent had been issuing notices to the petitioner but he had not been afforded an opportunity of hearing, prior to cancellation of even provisional allotment of plots---action of respondents had infringed petitioner's fundamental right of holding property as provided under art.23 of the Constitution as well as undermined protection of his property rights as guaranteed by art.24 of the Constitution---More so, the actions of respondents had seriously jeopardized the constitutional protection of due process of law provided under art.10-a of the Constitution---Respondents had clearly breached the Fundamental Rights of the petitioner provided and protected under the Constitution---Case was sent back to the Secretary Co-operative for decision afresh after affording an opportunity of hearing to the petitioner---Constitutional petition was disposed of accordingly.

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