LUCKNOW CORPORATIVE HOUSING SOCIETY LIMITED Versus REGISTRAR COOPERATIVE SOCIETIES
ORDER
1. ZAFAR AHMED RAJPUT, J.--- 1 and 2. Syed Javed Ali Shah, alleged Contemnor No.2, files counter affidavit, SHO P.S. Korangi Industrial Area, the alleged Contemnor No.4 files reply and counsel for defendants Nos.5, 6, 8 and 10 to 13 files statement along with documents, which are taken on record, copies whereof are supplied to counsel for the plaintiff.
2. These CMAs have been filed on behalf of the plaintiff i.e. Messrs Luckhnow Cooperative Housing Society ("the Society") against the alleged contemnors respectively, on the ground that they have willfully and deliberately violated the order passed by this court in the matter directing the parties to maintain status-quo and that the alleged contemnors after receiving notice of this Court of C.M.A. No.13248/2017 in a contentious manner got published a public notice in Daily Jang Karachi dated 30.9.2018 announcing a schedule of illegal election of the President and nine (09) members of the plaintiff-Society.
3. Learned counsel for the plaintiff while arguing both the listed applications states that vide order dated 8.11.2016 this court directed the parties to maintain status-quo but the defendant/contemnor No.1 (Registrar Cooperative Societies, Karachi) issued a letter on 13.8.2018, directing the alleged contemnor No.3 (Ahmed Hussain, the Inspector Cooperative) to conduct the election of plaintiff-Society within 45 days of the issuance of said letter and also conduct related affairs of the Society, as such the plaintiff filed the C.M.A. listed at serial No.1 which was fixed before this court on 19.9.2018 and this court passed an order for issuance of notice to alleged contemnors; however, during pendency of said C.M.A., the alleged contemnors announced a schedule for the election of the Society; hence, they have willfully committed contempt of this court by violating the order dated 8.11.2016.
4. On the other hand, learned counsel appearing for defendants Nos.9 and 10 and AAG Sindh appearing for alleged contemnor No.2 while referring to the counter affidavit filed by the alleged contemnor No.2 maintain that plaintiff has filed instant suit against the inquiry being conducted under the order of Registrar Cooperative Societies; however, this Court did not restrain the defendants from conducting the inquiry which was being conducted on the complaints of the members of the Society in respect of the affairs of the Society and as such final report was submitted by the Inquiry Officer and NAB filed a Reference before the Accountability Court at Karachi. They further maintain that the alleged contemnor No.1 has appointed election officer in consequence of the order dated 14.2.2017, passed by this Court in C.P. No.D-626/2017, as such the alleged contemnors have committed no violation of the order passed by this Court.
5. Heard the learned counsel for the parties and perused the material available on record.
6. It has been alleged by the plaintiff in contempt application that the alleged contemnors have committed violation of the order passed by this Court directing the parties to maintain status quo. Although no date of such order has been mentioned in C.M.A. listed at serial No.1; however, it has been argued by the learned counsel for the plaintiff that such order was passed by this Court on 8.11.2016. It reflects from perusal of the record that on said date C.M.A. No.15627/2016, filed by the plaintiff-Society praying therein for initiating proceedings against Altaf Hussain Memon, Managing Director Sindh Cooperative Housing Authority, Karachi and two others for violating the orders passed on 12.2.2015 and 12.6.2015 was listed and this Court while passing an order to issue notices to said persons suspended the operation of letter dated 27.10.2016, whereby said Altaf Hussain Memon had advised to Muhammad Arif, the Administrator of the Society, to approach the law enforcing agencies for restoration of office of the Society from the land grabbers; however, no order was passed by this Court directing the parties to maintain status-quo and when this position was confronted, the learned counsel for the plaintiff admitted the fact that on the said date no such order was passed by this Court.
7. There is also no denial to the fact that election process of the Society has been initiated by the Registrar Cooperative Societies Sindh in view of order dated 14.2.2017 passed by a Division Bench of this Court in C.P. No. D-626/2017. Hence, both the listed applications being devoid of any legal or factual merits are dismissed, accordingly.
3. By means of this application, Mr. Rafiq Ahmed Kalwar, advocate seeks discharge of his vakalatnama filed on behalf of one Zafarullah Khan the alleged contemnor No.4 in C.M.A. No.3985/2014. Along with the said application, a copy of the notice issued to alleged contemnor by Mr. Kalwar has also been attached; hence, the application is allowed. The power of Mr. Rafiq Ahmed Kalwar filed on behalf of Zafarullah Khan in C.M.A. No.3985/2014 stands discharged.
8. SA/L-11/Sindh Application allowed.