MUHAMMAD RAMZAN vs THE SECRETARY, COOPERATIVE SOCIETIES, GOVERNMENT OF UNJAB and 5 others
This petition for leave to appeal challenged a Lahore High Court order that dismissed a writ petition regarding the inheritance of agricultural land allotted by a Cooperative Farming Society. The petitioner claimed entitlement to the land based on a nomination made by the original allottee, his maternal uncle, under the Cooperative Societies Act. Following the allottee's death, the Assistant Registrar divided the land between the deceased's widow and a tenant. The petitioner's subsequent revision petition before the Secretary was dismissed on grounds of being time-barred and on merits, a decision upheld by the High Court. The core legal question was whether the petitioner's nomination under the society's bye-laws conferred an exclusive right to the land and whether the High Court correctly declined to interfere with the Secretary's discretionary refusal to condone the delay. The Supreme Court held that the Secretary properly exercised discretion in refusing to condone the delay and correctly determined that the resolution regarding the petitioner's nomination was void. Consequently, the petition was dismissed, affirming that discretionary administrative decisions regarding limitation and the validity of internal society resolutions warrant no interference.
- Does a nomination under the bye-laws of a cooperative society confer an absolute right of inheritance to allotted land?
- Can a court interfere with the discretionary power of an administrative authority to condone or refuse to condone a delay in filing a revision petition?
- Is a resolution of a cooperative society regarding the nomination of a member subject to judicial review if found to be void?
- Section 27, Cooperative Societies Act 1925
1. ' JAVID IQBAL, J.--This petition for leave to appeal is directed against the order of the Lahore High Court, Multan Bench dated 12th April, 1982 whereby the writ petition of the petitioner was dismissed.
2. ' Briefly the facts are that on 7th November 1948 maternal-uncle of the petitioner namely Bashiruddin was allotted 100 kanals of agricultural land by respondent No, 3 (Co-operative Farming Society, Chak No, 40/WB, Tehsil and District Vehari) under the Co-operative Societies Act on having been made also a member of the Co-operative Society. Bashiruddin was issueless. Consequently on 12th March, 1972 he nominated the petitioner under section 27 of the Cooperative Societies Act read with the Rules. The petitioner. Was also made a member of the Co-operative Society on 18th December, 1972 after the death of Bashiruddin. The said Bashiruddin's widow and tenant over that land filed a suit in which the widow sought inheritance whereas the tenant sought his right of substitution. The Assistant Registrar (Respondent No, 2) vide his order dated 9th June, 1977 allowed the said land to respondents Nos. 4 and 5 in the ratio of 50:50. The appeal of the petitioner before the Registrar was dismissed on 20th April, 1980. These orders were challenged by the petitioner before the Secretary (respondent No, 1) by way of a revision petition but it was dismissed as time- barred as well as on merits. Thereafter writ petition was filed by the petitioner which was likewise dismissed as stated above. Hence the present petition.
3. Learned counsel for the petitioner argued before us that the petitioner claimed inheritance exclusively on the ground that he was nominee of Bashiruddin under the bye-laws of the concerned co-operative society. We note that the point of condonation of delay in filing the revision before the Secretary as well as the point of nomination had been raised before the High Court and properly attended to. It has been held that the Secretary in his discretion did not condone the delay. He even went into the merits of the case and found that the resolution of the society in respect of nomination of the petitioner was void. Since this is the position no interference is called for. The result is that this petition is dismissed.