MUHAMMAD TAHIR PERVAIZ vs PROVINCE OF PUNJAB S — 2022 MLD 1777 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 MLD 1777 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: MLD
Parties: MUHAMMAD TAHIR PERVAIZ vs PROVINCE OF PUNJAB S
Subject matter: Constitutional
Provisions referred to: S. 18-B---C; Co-operative Societies Act

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

MUHAMMAD TAHIR PERVAIZ VS PROVINCE OF PUNJAB S.18-B---Cooperative Societies Election Rules, Rr.9(iii) & 9(iv)---Election---"Limine control", doctrine of---Proxy of the candidates/petitioners submitted the nomination papers on their behalf---Nomination papers were rejected by Convenor Election Sub-Committee and their appeals and revisions were dismissed by Deputy Registrar Cooperative Societies and Secretary Cooperative Societies, respectively---Petitioners contended that Election Rules 9(iii) and 9(iv) neither amounted to disqualification of petitioners nor contained any penal provision; that nomination papers did not lack material particulars nor did they violate the mandatory provisions---Held, petitioners were required to submit their nomination papers by themselves but the same were submitted by someone else---Submission of nomination papers through proxy was violative to Election Rules, 9(iii) and 9(iv) of the Society---If a matter was not covered by Election Rules of the Society, the same should be settled under the provisions of Co-operative Societies Act, 1925, Cooperative Societies Rules, 1927, Bye-Laws of the Society---If some issue remained unattended, the Election Sub-Commission was empowered to consider/decide the same, but its decision would be subject to the right of appeal/revision before competent authorities---Petitioners had exhausted their remedies upto the Secretary Cooperative who decided the revision petition observing the violation of Rr.9 (iii) & 9(iv) of the Election Rules---Constitutional petition was dismissed in limine.

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