Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Official Citation: 2025 SHC 1549
Court / Jurisdiction: Sindh High Court
Petitioner: Const. P. 2159/2025 (D.B.) Sindh High Court, Karachi - Maroof Ahmed (Petitioner)
Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2025 SHC 1549. In this matter between Const. P. 2159/2025 (D.B.) Sindh High Court, Karachi - Maroof Ahmed (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.
COURT: Sindh High Court CASE NO: Const. P. 2159/2025 (D.B.) Sindh High Court, Karachi CITATION: 2025 SHC KHI 1549 PARTIES: Maroof Ahmed (Petitioner) ORDER DATE: 23-MAY-25 BENCH: Hon'ble Mr. Justice Yousuf Ali Sayeed, Hon'ble Justice Ms. Sana Akram Minhas(Author) A.F.R: Yes ------------------------------------------------------------ ORDER SHEET IN THE HIGH COURT OF SINDH AT KARACHI CP No. D–2159 of 2025 ( Maroof Ahmed v. The Government of Sindh & Others ) ______________________________________________ _____ DATE: ORDER WITH SIGNATURE(s) OF JUDGE(s) _________________________________________________ ___
1. For Orders on CMA No. 10543 / 2025 (Urgent App) 2. For Orders on Office Objection No.1 to 4 3. For Orders on CMA No. 10544 / 2025 (Exemption App) 4. For Orders on CMA No. 10545 / 2025 (O 39 R.1 & 2 CPC) 5. For Hearing of Main Case
23-5-2025
Mr. Afzal Ali Lanjar, Advocate for Petitioner
-------------------------------
1. Sana Akram Minhas J : The Petitioner, a resident of a building known as “Jauhar Complex ” has challenged the elections of the “Jauhar Complex Residents Welfare Association” – a registered private body representing the residents of the said building – which were held on 20.4.2025. The challenge is based, inter alia, on the allegation that the elections were conducted using a fraudulent or fabricated voter list (as specifically alleged in paragraphs 12, 15 and 19 of the main Petition ). The Petitioner accordingly seeks a declaration that the impugned elections are void, and prays for the conduct of fresh elections under the supervision of th e Nazir of this Court, after the preparation of a valid and verified voter list by him.
2. Without entering into the broader question of whether a private residents ’ association – which is not impleaded as a party – is amenable to the writ jurisdiction of this Court under Article 199 of the Constitution of Pakistan, 1973, it is evident that the alleged fabrication of the voter list raises a question of fact. Such a determination requires the production and appraisal of evidence, necessitating a factual inquiry and possibly the recording of evidence before a competent forum. This exercise lies beyond the scope of proceedings under Article 199, which are limited in nature and not designed to resolve complex factual contr oversies. This Court remains cognizant of the inherent limitations in the exercise of its constitutional jurisdiction.
3. This Petition, being outside the scope of Article 199 of the Constitution, is therefore dismissed in limine . The Petitioner may avail the remedy available before the competent civil court in accordance with law , should he choose to agitate the matter further.
JUDGE
JUDGE