PIA OFFICERS COOPERATIVE HOUSING SOCIETY LTD. vs PROVINCE OF PUNJAB through Secretary to the Government of Pun

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

PIA OFFICERS COOPERATIVE HOUSING SOCIETY LTD. VS PROVINCE OF PUNJAB through Secretary to the Government of Punjab, Cooperatives Department, Lahore Ss. 64-a & 43---Punjab Government Rules of Business, 2011, R.3(3), Second Schedule, Clause 1(a) & Clause 7(i)---Constitution, working and financial condition of a Society---Inquiry by Registrar---Powers---On the application of the residents/citizens regarding the issue of certain irregularities into the affairs of the PIa Officers Cooperative Housing Society Limited ('Society'), the Registrar, Cooperative Societies inquired the matter and passed order against the PIa Officers Cooperative Housing Society Limited ('Society')---Petitioner (Society) invoked constitutional jurisdiction of the High Court challenging order passed by the Secretary, Cooperative Department, Government of the Punjab, who maintained order of the Registrar, Cooperative Societies---Impugned order had validly been passed by the Respondent (Secretary, Cooperatives Department) in terms of S. 64-a of the act 1925 being head of the Department, strictly as per the power vested in him under the provisions of S. 64-a of the act 1925 by rightly declaring that the impugned order of the Registrar, Cooperative Societies, was based on sound reasoning and had been passed in accordance with law---In his order, Respondent (Secretary, Cooperatives Department) had also observed that proceedings of a fresh inquiry into the affairs of the Society could not be stopped because the facts and ground realities had been changed with the afflux of time---In addition to the powers conferred upon the Respondent (Secretary, Cooperatives Department) in terms of S. 64-a of the act, 1925, he was also empowered to take cognizance of the matter under R. 3(3) of the Punjab Government Rules of Business, 2011 (the "Rules"), which clearly stated that business of the Government had been distributed amongst several Departments in the manner indicated in the Second Schedule and functions of the Secretary were described under R. 10 of the Rules, 2011---It was clear that Secretary, Cooperatives Department, being official head of the Department, had dealt with the matter as per the functions assigned to him under S. 64a of the act, 1925 read with Clause 1(a) and Clause 7(i) to Second Schedule of the Rules 2011 in which he/she also administered the provisions of the Cooperative Societies act, 1925, along with R. 10 of the Rules, because he/she was responsible for efficient and smooth working of the affairs of the Society---There was no occasion for the High Court to intefer with the orders which had rightly been passed by the concerned authorities---Constitutional petition, filed by the Co-operative Society, was dismissed in limine, in circumstances. Citation Name: 2024 CLC 947 LAHORE-HIGH-COURT-LAHORE PIA OFFICERS COOPERATIVE HOUSING SOCIETY LTD. VS PROVINCE OF PUNJAB through Secretary to the Government of Punjab, Cooperatives Department, Lahore S. 43---Constitution, working and financial condition of a Co-operative Society---Inquiry by Registrar---Powers---Petitioner (PIA Officers Cooperative Housing Society Limited) invoked constitutional jurisdiction of the High Court challenging orders passed by Registrar, Cooperative Societies and the provincial Secretary, Cooperative Department, on the application of the private persons on the issue of certain irregularities into the affairs of the Society by its Managing Committee---Validity---Section 43 of the Act, 1925 elucidated that the Respondent (Registrar Co-operative Societies) on his own motion by himself is empowered, under the law/Act, to hold an inquiry into the constitution, working and financial condition of a society, for which no procedure has been provided---In the present case, the impugned order did not reflect that the Respondent (Registrar Co-operative Societies) had exceeded his powers while dealing with the application of the private respondents on the issue of certain irregularities into the affairs of the Society by its Managing Committee---There was nothing wrong with the impugned order passed by the Respondent (Registrar Co-operative Societies) who had issued certain directions to the Inquiry Committee in consonance with the object of the Act, 1925, which had been promulgated with the only intent to facilitate formation and working of Co-operative Societies for the promotion of thrift, self-help and mutual aid among agriculturists and other persons with common economic needs so as to bring about better living specifically better business---No interference was to be made by the High Court in present matter regarding powers of the Registrar, Cooperative Societies and Secretary Cooperative Department---Constitutional petition, filed by the Co-operative Society, was dismissed in limine, in circumstances.

PIA OFFICERS COOPERATIVE HOUSING SOCIETY LTD. vs PROVINCE OF PUNJAB through Secretary to the Government of Punjab, Cooperatives Department, Lahore Ss — 2024 CLC 947 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2024 CLC