The PROVINCE OF PUNJAB through Chief Secretary, Government of the Punjab, Lahore vs T&T EMPLOYEES IDEAL COOPER

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The PROVINCE OF PUNJAB through Chief Secretary, Government of the Punjab, Lahore VS T&T EMPLOYEES IDEAL COOPERATIVE HOUSING SOCIETY LIMITED. Cl.5---Co-operative Societies Act (VII of 1925), S.43---Constitution of Pakistan, Arts.129 & 139(3)---Complaints of financial mismanagement and administrative irregularities against cooperative housing society---Power of Chief Minister to order initiation of inquiry---Scope. Acting upon complaint received against working of cooperative housing society, Chief Minister directed his inspection team to conduct inquiry. Society challenged inquiry before High Court under Article 199 of Constitution contending that Chief Minister had no authority to order such inquiry since Cooperative Societies Act, 1925 provided its own mechanism of supervision and inquiry. High Court accepted society's plea and set aside inquiry proceedings. Against judgment of High Court, Government of Punjab approached Supreme Court. Question before Supreme Court was whether Chief Minister under Clause 5(2) of Punjab Government Rules of Business, 2011 possessed legal authority to initiate or order inquiry into affairs of cooperative society registered under Cooperative Societies Act, 1925 notwithstanding specialized supervisory mechanism under said Act. Held: Clause 5(2) empowered Chief Minister to call for any case or information from any department, attached department or regional office. Complaint made to Chief Minister or Chief Minister's Inspection Team for probing affairs of society fell within sphere of cooperative laws where Secretary Cooperative Societies was overall in-charge. Clause 5 permitted Chief Minister to call for record and issue directions to government departments. Such function was administrative in nature and did not amount to statutory intervention. However, inquiry could not usurp functions of Registrar or authorities empowered under Cooperative Societies Act. High Court correctly identified supremacy of Act in terms of substantive regulation but erred in concluding that Chief Minister had absolutely no authority to order inquiry or call information through competent department. Constitutional and administrative role of Chief Minister had to be given due effect. Judgment of High Court was set aside. Chief Minister was not excluded from calling information or record pertaining to cooperative societies or provincial departments under Clause 5 of Rules. Leave to appeal was granted and petition was converted into appeal which was accordingly allowed.

The PROVINCE OF PUNJAB through Chief Secretary, Government of the Punjab, Lahore vs T&T EMPLOYEES IDEAL COOPERATIVE HOUSING SOCIETY LIMITED — 2026 PLD 69 SUPREME-COURT

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