Syed MUHAMMAD AYUB SHAH vs REGISTRAR COOPERATIVE SOCIETIES DEPARTMENT S — 2023 MLD 307 ISLAMABAD

Case information

Citation: 2023 MLD 307 ISLAMABAD
Court: Islamabad High Court
Year: 2023
Reporter: MLD
Parties: Syed MUHAMMAD AYUB SHAH vs REGISTRAR COOPERATIVE SOCIETIES DEPARTMENT S
Subject matter: Constitutional
Provisions referred to: S. 64-

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

Syed MUHAMMAD AYUB SHAH VS REGISTRAR COOPERATIVE SOCIETIES DEPARTMENT S. 64-a---Constitution of Pakistan, art. 199---Constitutional petition---Maintainability---alternate remedy, availing of---Effect---Petitioners were aggrieved of holding of elections in violation of Islamabad Capital Territory Cooperative Societies Managing Committee (Election) Rules, 2014---Respondents pointed out that alternate remedy was availed by the petitioners under S. 64-a of Co-operative Societies act, 1925---Validity---Revision petition was filed against the order impugned in writ petition but the revision petition was subsequently withdrawn---Withdrawal was made after writ petition had been filed and entertained by the High Court---Rationale and reason for doing of the same was not understandable---Section 64-a of Co-operative Societies act, 1925 did provide for the revisional powers of the Provincial Government or the Registrar, as the case may be---Points agitated in the revision petition were quite the same as in the present petition---Where the order was without jurisdiction or patently illegal, a petition under art. 199 was maintainable, but since remedy was availed in the matter mere assertion that writ was a more appropriate remedy was not really a plausible argument in the facts and circumstances, especially when revisional authority had all the powers to set aside the impugned order---Writ petition was dismissed.

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