JAWAD GULRAIZ KHAN vs ADDITIONAL DISTRICT JUDGE, MULTAN R — 2026 PLC(CS) 354 LAHORE-HIGH-COURT-LAHORE

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JAWAD GULRAIZ KHAN VS ADDITIONAL DISTRICT JUDGE, MULTAN R.14(2)---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Co-operative Societies Act (VII of 1925), Preamble---Cooperative housing society, elections of---A member challenging candidature of employees of an 'electricity distribution company' who were also members of the society---Premise---Trial Court and revisional court refusing to grant temporary injunction, challenge to---Brief facts of the matter were that petitioner was a member of a Cooperative Housing Society who filed a civil suit for declaration/cancellation and permanent/mandatory injunction to restrain respondent Nos.9-15,who were employees of an electricity distribution company, from contesting the Society's Management Committee election; he sought interim suspension of the NOCs granted by the electricity distribution company; the Civil Court and District Court concurrently dismissed his application for temporary injunction, hence, the present constitutional petition was filed---Held: After amendment made in R. 14(2) of the Rules, 1978, an exception had been created with reference to MEPCO (WAPDA) Housing Societies located within the territorial jurisdiction of MEPCO---The Society was located within the territorial jurisdiction of MEPCO---The nexus of the society with MEPCO was required to be determined after recording of evidence in the pending suit of the petitioner---The overall construction and interpretation of the amended R.14(2) of the Rules, 1978 in view of exception created therein would also be determined in the pending suit since respondents Nos. 9 to 15 were admittedly members of the society and in that capacity, they prima facie had a right to participate in the election of the society at par with other members subject to NOCs issued by MEPCO as ordained by Model Election Rules---Even otherwise, any violation of amended R.14(2) of the Rules, 1978 at best attracted disciplinary proceedings under the Rules, 1978 which was the prerogative of MEPCO and the petitioner had no concern with the same---Accordingly, the ingredients of temporary injunction as ordained in O. XXXIX, Rr. 1 & 2 of the CPC in terms of prima facie case, irreparable loss and balance of convenience or inconvenience did not co-exist in favour of the petitioner, as such, there was no illegality, infirmity or jurisdictional defect in the impugned orders passed by the Courts below---Present petition was devoid of any merit and the same was dismissed.

JAWAD GULRAIZ KHAN vs ADDITIONAL DISTRICT JUDGE, MULTAN R — 2026 PLC(CS) 354 LAHORE-HIGH-COURT-LAHORE

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