Inquiry ordered against cooperative housing societies official

The Sindh High Court (SHC) on Monday directed the cooperative housing societies secretary to conduct a departmental inquiry against the cooperative housing societies assistant registrar for violating the court’s orders in the elections for the Incholi Cooperative Housing Society.

The direction came on a contempt-of-court application filed by the Incholi Cooperative Housing Society and others against the cooperative housing societies assistant registrar for the violation of the court’s orders.

The petitioners’ counsel said that the SHC had ordered the registrar of the cooperative housing societies to conduct an election for the Incholi Cooperative Housing Society in accordance with the society by-laws.

The counsel for the applicant said that the assistant registrar / election officer had illegally allowed 61 non-members into the final list of 505 members of the society, which according to the applicant, was not only illegal but also in violation of the court’s orders of September 11, 2019.

The election officer admitted that he had allowed the applications of 61 persons by exercising his powers under Section 106 of the Society Act, which gives him ample power to review his own order and to decide the matter on any fresh application filed by the members.

After hearing the arguments of the counsels, an SHC division bench comprising Justice Irfan Saadat Khan and Justice Mohammad Faisal Kamal Alam said that Section 106 clearly gives power to the government or to the registrar to call for and examine the record of any inquiry, but it does not give any power to the election officer to review his own order or to allow any application previously rejected by him.

The court said that the election officer, who is the cooperative housing societies assistant registrar, has transgressed his powers in reviewing his own previous order, thus giving the right to 61 non-eligible persons to cast their votes, as well as in including their names in the final approved list of 505 members.

The bench set aside the election officer’s order with regard to the inclusion of the 61 voters in the society’s final voter list and directed the official assignee to proceed to supervise the elections on October 24, as already scheduled on the basis of the final voter list comprising 505 members only.

The court directed the cooperative housing societies secretary to assist the official assignee in holding fair and transparent elections on the said date in accordance with the law and without causing any hindrance or delay.

The bench also directed the cooperative housing societies secretary to initiate departmental inquiry against the assistant registrar because he had blatantly acted illegally and misused his powers.