Rana Muhammad Irfan vs Secretary Jammu and Kashmir Housing Society, Islamabad S — 2026 YLR 1248 ISLAMABAD

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Rana Muhammad Irfan VS Secretary Jammu and Kashmir Housing Society, Islamabad S. 43--- Islamabad Cooperative Societies Rules, 2018, R.57---Dispute of cooperative society--- Inquiry by Registrar Cooperatives--- Petitioner was Chairman of Cooperative Society in question who was suspended from the position on a complaint filed against him regarding affairs of the Cooperative society including financial mismanagement---Registrar Cooperatives and appellate authority decided the complaint and appeal against petitioner---Held: Rigid Trial like procedure mandating examination and cross-examination of witnesses in every case has not been prescribed under the provisions of R.57 of Islamabad Cooperative Societies Rules, 2018--- Nature of inquiry is largely dependent on the facts of each case--- Where charges were based on documentary evidence emanating from official record of the Society, many of which bore the signatures or involvement of charged person himself, a fair inquiry could be conducted by confronting accused with such documents and affording him an opportunity to explain the same--- Managing Committee, as the executive body of the Society was empowered to regulate affairs of the Society and its decisions reflected in minutes of the meeting binding its office bearers, including the Chairman--- Petitioner could not be permitted to act in blatant disregard of collective decisions of that very body, which he was elected to lead--- Non-deciding of separate application under S.43 of Cooperative Societies Act, 1925 by Registrar Cooperative Societies, was of no avail to the petitioner, as proceedings under R.57 of Islamabad Cooperative Societies Rules, 2018 were concluded based on the complaint before Registrar and any ancillary application was merged into the final order--- Orders in question did not suffer from any illegality, jurisdictional defect or perversity--- Both the orders passed by the Registrar and the Appellate Authority were well reasoned orders and were based on concrete documentary evidence--- Inquiry report was lawfully conducted based on material evidence and in substantial compliance with the principles of natural justice--- High Court declined to interfere in the matter as the petitioner failed to point out any patent illegality floating on the surface of the record or any misreading or non-reading of evidence--- Constitutional petition was dismissed in circumstances.

Rana Muhammad Irfan vs Secretary Jammu and Kashmir Housing Society, Islamabad S — 2026 YLR 1248 ISLAMABAD

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