Golden Jubilee CooperatiVE Housing Society vs Secretary Cooperative arts

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Golden Jubilee CooperatiVE Housing Society VS Secretary Cooperative arts. 23 & 24---Co-operative Societies act (VII of 1925), Ss. 3(c),7-a, 17 & 17-B---Member of the Housing Society---Default, allegation of---allotment of plot entitlement to---Scope---Petitioner (Housing Society) assailed the dismissal of its appeal by the Secretary, Punjab Cooperative Department whereby the allotment/transfer order passed in favour of the respondent (member of the housing society) by the Registrar Cooperative Society was maintained---Validity---article 23 of the Constitution guarantees that "every citizen shall have the right to acquire, hold and dispose of property in any part of Pakistan, subject to the Constitution and any reasonable restrictions imposed by law in the public interest---article 24 of the Constitution guarantees protection of property rights---Both the impugned orders were well-reasoned and well-argued having been passed after taking into consideration every aspect of the case---Constitutional petition, being merit-less, was dismissed, in circumstances. Citation Name: 2024 MLD 1473 LAHORE-HIGH-COURT-LAHORE Golden Jubilee CooperatiVE Housing Society VS Secretary Cooperative Ss.3(c),7-a, 17 & 17-B---Member of the Housing Society---Default, allegation of---allotment of plot, entitlement to---Scope---Expulsion of member---Scope---Petitioner (housing society) assailed the dismissal of its appeal by the Secretary, Punjab Cooperative Department, whereby the allotment/transfer order passed in favour of the respondent (member of the housing society) by the Registrar, Cooperative Society, was maintained---Contention of the petitioner was that the membership of the respondent, being a defaulter, had already been cancelled and in said regard matter was sub judice before the concerned Registrar Cooperative, and until its final decision, further allotment/transfer could not be made---Stance of the official respondents was that mere pendency of cancellation of membership before the competent forum was not a bar for transfer of the subject-plot in favour of the respondent member---Question was whether the petitioner could refuse transfer of the subject- plot in favour of the respondent on the touchstone of S.17 of the Cooperative Societies act, 1925?---Held that the term "member" stands defined under S.3(c) of the Cooperative Societies act, 1925, as "a person joining in the application for registration of a society or a person admitted to membership after registration in accordance with the rules and by-laws applicable to such society"---Though said definition does not envisage a "member" to be an absolute or an un-qualified member with full rights and privileges, yet it makes the said membership not only subject to the rules but also subject to bye-laws of the concerned society---Section 7-a of the Cooperative Societies act, 1925, prescribes the eligibility for member, while rights and liabilities of the members are defined under S.17 of the Cooperative Societies act, 1925, which provision (S.17) restricts exercise of rights of a member by a person in connection with the membership or acquired interest in the society as prescribed by the rules or by-laws of such society until or unless he makes payment to the society---admittedly, respondent is the member of the petitioner (Hosing Society) against whom the matter with regard to cancellation of his membership was pending before the Registrar Cooperative,---Pertinently, S.17-B of the Cooperative Societies act, 1925, dealing with expulsion of a member, guides that the Registrar may expel a member from the society who is a persistent defaulter of the dues or commits any act prejudicial to the interest of the society subject to providing an opportunity of hearing---Ground as taken by the petitioner for declaring the respondent as defaulter on the basis of agreement was not correct as said agreement related to some other two plots, whereas the subject-plot was admittedly purchased by the respondent after payment of full consideration to seller and taking possession thereof and same was not under any litigation as was evident from the impugned orders---No default against the subject-plot was agitated by the petitioner and it had not been denied that the respondent had purchased the subject-plot from a member of society and had taken over its possession at the spot---Petitioner could not refuse to transfer the subject-plot in favour of the respondent as the provisions of S.17 of the Co-operative Societies act, 1925, were not attracted to the present case---Both the impugned orders were well-reasoned and well-argued having been passed after taking into consideration every aspect of the case---Constitutional petition, being merit-less, was dismissed, in circumstances.

Golden Jubilee CooperatiVE Housing Society vs Secretary Cooperative arts — 2024 MLD 1473 LAHORE-HIGH-COURT-LAHORE

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