' The petitioner is the President of Committee of Mosque known as "Dr. Waii Mohallah Masjid" in Hazro, District Attock. The said Committee stands registered as a society. The grievance being made out in this writ petition is that respondent No,2 acting under the order of respondent No,1 has proceeded to pass order Annexure "A" whereby an Administrator has been appointed for the said mosque.
2. Learned counsel for the petitioner contends that Nazim and respondent No,2 have no lawful authority to supersede the petitioner's society, cancel its registration and to appoint Administrator.
Learned counsel appearing for respondents in this case, on the other hand, relied upon the letter dated 27-11-2002 issued by the Secretary, Auqaf and Religious Affairs, Government of the Punjab, Lahore and letter issued by the same Department on 16-1-2002. According to these letters powers of Registrar under the Companies Ordinance, 1984, stands delegated to the Executive District Officer (Finance and Planning) in each district vide Notification dated 26-10-2001. According to the learned counsel in exercise of said powers the said order Annexure "A" has been validly issued.
3. I have gone through this file with the assistance of the learned counsel for the parties. Now I find that the power and function of Nazim are duly defined in section 18 of PLEGO, 2001 and these certainly do not authorize him to pass the said order. Now so far as the reliance by the learned counsel for the respondents on the said document is concerned. It is true that the powers of Registrar under the Companies Ordinance, 1984, do stand delegated to Executive District Officer (Finance and Planning) but nothing turns on the same in the first instance the impugned order has not been passed by an Officer so notified. On the other hand, it has been passed by respondent No,2 and that too under the instructions of respondent No,l. In the second event the said Registrar has no power to dissolve the society registered under the Societies Registration Act, 1860, or to appoint an Administrator. There is no denial that the petitioner society stands registered under the said Societies Registration Act, 1860. Now section 13 of the said Act, 1860, lays down the procedure for dissolution of a society and adjustment of its affairs. According to this provision of law 3/5th of the members of the society have to determine and if they so determined that society be dissolved, it shall be dissolved forthwith and then necessary steps are to be taken for settlement of its affairs.
Now the said section 13 lays down in categorical terms that in case a dispute arises in the said matter then the adjustment of the affairs of the society shall be referred to the principal Court of original civil jurisdiction of the district in which the chief building of the society is situate and then it will be the said Court who shall make such order in the matter as it shall deem requisite.
4. It will thus be seen that the Registrar of Joint Stock Companies has no power to dissolve a society or to deal with its affairs in case of a dispute much less to appoint an Administrator and take over its administration.
5. I do find that the impugned order Annexure "A" has been passed by respondent No,2 on behalf of respondent No,1 without any lawful authority and it is accordingly declared as such. The writ petition is allowed and the impugned order Annexure "A" is set aside. No order as to costs.