MUZAFAR ALL KHAN Versus SIND COOPERATIVE HOUSING SOCIETY

1. SALIM AKHTAR, J. --We have heard the arguments of the learned counsel for the Petitioner. In the course of arguments Mr. Noorul Hassan, learned counsel for respondents Nos.1 and 2 raised a preliminary objection to the maintainability of the petition on the ground that alternate and efficacious remedy available under the Co-operative Societies Act. 1925, has not been availed by the petitioner.

2. Mr. AA. Muhammadally, learned Additional Advocate-General states that if the Petitioner filed an appeal, the Appellate Authority will hear it on merits.

3. Mr. S.M. Noorul Hassan, learned counsel for the respondents Nos. 1 and 2 states that if an appeal is filed by the petitioner within two weeks, the respondents Nos. 1 and 2 will not raise any objection of bar of limitation. Under these circumstances, the learned counsel for the Petitioner states that the petitioner is prepared to file an appeal provided that time limit is fixed fore` disposal as in the past the appeals have remained undecided for a long time. This request seems to be reasonable.. Mr. Noorul Hassan informs that the Appellate' Authority is deciding appeals regularly. The learned counsel for the petitioner further submitted that as the petitioner's right of franchise has been curtailed, election on the basis of the amended rules should not be held till the disposal of appeal. As a reasonable time limit for disposal of appeal has to be fixed to which) none of the parties seems to differ, it would be just and proper that till that time election may not be held. Mr. Noorul Hassan informs that so far no date for the election has been fixed. In these circumstances the petition is disposed of in the' following terms:

(i) That the petitioner shall file an appeal before the Appellate Authority against the impugned order within a period of two weeks.

(ii) The Appellate Authority shall hear the appeal on merits and shall dispose it of within a period of three months.

(iii) That respondents shall not raise objection that the appeal is barred by' limitation.

(iv) Till the final decision of the appeal, the respondents will not hold elections.'

(v) Parties to bear their own costs.

4. M.Y.H./M-820/K

5. Writ petition disposed of.