Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2026 SHC 160. In this matter between Const. P. 465/2026 (D.B.) Sindh High Court, Karachi - Syed Imtiaz Ali Shah (Petitioner) and the Respondent, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.

Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.

Full Judgment Text & Judicial Ruling

COURT: Sindh High Court CASE NO: Const. P. 465/2026 (D.B.) Sindh High Court, Karachi CITATION: 2026 SHC KHI 160 PARTIES: Syed Imtiaz Ali Shah (Petitioner) ORDER DATE: 27-JAN-26 BENCH: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Zulfiqar Ali Sangi A.F.R: Yes ------------------------------------------------------------ ORDER SHEET IN THE HIGH COURT OF SINDH AT KARACHI C.P. No. D-465 of 2026

Date Order with Signature of Judge

Fresh Case

1. For order on Misc. No. 1728/2026 (Urgent) 2. For order on office objection No.2 to 4 3. For order on Misc. No. 1729/2026 (Exemption) 4. For hearing of main case

27.01.2026

Mr. Fahim Ali Memon Advocate for the Petitioner .-.-.-.-.

1. Urgency granted. 2. Deferred. 3. Exemption granted subject to all just exceptions. 4. Syed Imtiaz Ali Shah has filed this constitutional petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, seeking the following relief(s): (i) Declare that the petitioner is entitled for contesting for the position of the President for the Makhdoom Bilawal Cooperative Housing Society in accordance with Rule 9(2) of the Sindh Cooperative Societies Rules of 2020.

(ii) Declare that the Sindh Cooperative Societies Rules of 2020 calls for election for the post of President for one- year term and for the posts of 1/3 rd of the Managing Commitment.

(iii) Declare that the impugned Letter issued by Respondent No.02 dated 20.11.2025 is illegal, issued malafide, and of no legal effect and set aside the aforementioned impugned Letter.

(iv) Appoint the L earned Nazir as receiver for the purpose of conducting elections of the Respondent No.03 and direct the Learned Nazir to conduct elections of the Respondent No. 03 within a period of three months or within a timeframe as stipulated by this Honourable Court.

2. The petitioner filed this constitutional petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, seeking declarations regarding his eligibility to contest for the post of President of Makhdoom Bilawal Cooperative Housing Society, the tenure and election of the Managing Committee, the legality of the impugned letter dated 20.11.2025, and for appointment of a receiver to conduct elections. However, when confronted the legal position of the case, learned counsel submitted that the subject controversy involved in the present matter has already been

addressed by this Court vide order dated 23.01.2026 passed in C.P. No. D -6210 of 2025, whereby the Official Assignee of this Court was appointed as Election Officer to conduct free, fair and transparent elections of the Society after verification of the voters’ list, with further directions restraining any coercive or unilateral actions until completion of the election process. 3. In these circumstances, learned c ounsel seeks the disposal of the present petition in terms of the aforesaid order. 4. Without touching the merits of the case, this petition along with pending application(s) stands disposed of in the terms of the ratio of the order dated 23.01.2026, passed in C.P. No. D-6210 of 2025. Judge Judge

Amjad PS

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