Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as Const. P. 263/2026 (SHC). In this matter between Const. P. 263/2026 (D.B.) Shahzad Ali & others and Province of Sindh & others Sindh High Court, Karachi, 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: CITATION: PARTIES: ORDER DATE: BENCH: A.F.R: ------------------------------------------------------------ ORDER SHEET IN THE HIGH COURT OF SINDH AT KARACHI C.P No.D-263 of 2026 (Shahzad Ali and others v. Province of Sindh and others) ______________________________________________________________ Date Order With Signature Of Judge ______________________________________________________________

Present Mr. Justice Adnal-ul-Karim Memon Mr. Justice Abdul Mobeen Lakho

Date of hearing and orders 23-01-2026

Mr. Ghayas Ali Khan, Advocate for the Petitioners. Mr.Mehran Khan, A.A.G. Mr. Mirza Sarfaraz Ahmed, advocate for respondent No.7.

--- ORDER

Adnan-ul-Karim Memon,J:- Petitioners prayed to pass judgment and orders in the following terms: 1. Declare that the voter list issued by M/s Karachi Revenue Judicial Employees Co -operative Housing Society Limited is illegal, defective, incomplete, and of no legal effect. 2. Direct the respondents to prepare, verify, and publish a fresh voter list strictly in accordance with the Sindh Cooperative Societies Act & Rules 2020 and the Bye -Laws of th e society, after deciding all objections raised by the petitioners. 3. Direct the respondents to ensure that only eligible and verified members of the society are included in the voter list. 4. Restrain the respondents from conducing or proceeding with the election process on the basis of the impugned voter list.

2 Learned counsel for the petitioners submits that the petitioners are members and duly nominated contesting candidates of M/s Karachi Revenue Judicial Employees Co-operative Housing Society Limited. Petitioner No.1 is the lawful attorney of petitioner Nos. 2 to 7 under valid powers of attorney and is fully competent to institute and prosecute the present constitutional petition, which is maintainable in law. It is contended that the earlier petition challenging the order dated 07 -05-2024 regarding conduct of elections was disposed of by this Hon’ble Court vide order dated 07 -10-2025, wherein an undertaking was given on behalf of the Assistant Registrar, Co -operative Societies, that elections would be conducted within two months strictly in accordance with the Sindh Co-operative Societies Act & Rules, 2020 and the Bye-Laws of the Society. Pursuant thereto, the Sub -Inspector/Authorized Election Officer issued an election schedule dated 26 -11-2025. However, the Registrar failed to issue or circulate a proper stat utory notice regarding the formation of a new Managing Committee and conduct of elections, thereby causing serious prejudice to the contesting candidates and the members of

the Society. Learned counsel further submits that the petitioners duly fulfilled all formalities and became validly nominated candidates for the posts of President and Members of the Managing Committee. Despite repeated requests, a duly verified and complete voters’ list was not provided. The voter list subsequently furnished was incompl ete and defective, as it lacked essential particulars, including complete names, CNIC numbers, and mobile numbers of voters, rendering it unverifiable and unreliable. It is argued that the petitioners raised formal objections and submitted applications see king verification and issuance of a lawful voters’ list in accordance with the Act and Rules, 2020; however, the Authorized Election Officer failed to consider the objections in blatant disregard of the order dated 07 -10-2025 and the mandatory legal requirements governing free, fair, and transparent elections. Learned counsel submits that proceeding with the election based on such a defective voter list would vitiate the entire electoral process and defeat the principles of transparency and legality. He prayed to allow this petition.

3. Today, learned counsel for respondent No. 7 submitted a proforma, wherein only certain formal requirements were prescribed and prayed for dismissal of the petition.

4. We have heard the learned counsel for the parties and perused the record with their assistance.

5. In the earlier round of litigation, the petition was filed by M/s Karachi Revenue Judicial Employees Cooperative Housing Society , challenging the order dated 07.05.2024, whereby an Au thorized Officer was appointed to conduct the election of the President and the entire Managing Committee of the Society. This Court, vide order dated 07.10.2025, disposed of the said petition with certain directions. Subsequently, the petitioners once aga in approached this Court, contending that the Secretary of the Society, as well as the Election Officer, had failed to provide a duly verified and complete voters’ list of the Society. It was submitted that although a voters’ list was later furnished by th e Secretary of the Society, upon scrutiny , the same was found to be incomplete and questionable, as it did not contain mandatory particulars such as complete names of voters, CNIC numbers, and mobile phone numbers. In the absence of these essential particu lars, the voters’ list appeared to be unverified.

6. Upon perusal of the voters’ list available at page 31 of the memo of the petition, it is evident that the serial number, plot number, membership number, name, and post have already been disclosed.

7. In view of the above, and considering that t he proforma produced by learned counsel for respondent No. 7 does not mandate disclosure of CNIC numbers or mobile phone numbers, and further noting that the voters’ list placed on record at page 31 of the memo of the petition already contains all requisite particulars, namely the serial number, plot number, membership number, name, and post of each member, in such circumstances, this Court finds no illegality, irregularity, or non -compliance on the part of the respondents.

8. The grievance rais ed by the petitioners, therefore, lacks legal substance and does not warrant any further interference by this Court. Accordingly, the petition is dismissed along with all pending application(s).

JUDGE

JUDGE Shahzad Soomro

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