SABIHUDDIN AHMED, C.J.--- This petition has been filed by the former President of Karachi Electric Dealers Association (respondent No.3), who is aggrieved by the corrigendum issued by the respondent No.2 vide their letter No.PAR/KAR/REGN/5063/05/358-6, dated 15-6-2005 amending the period of 2004-2005 mentioned in their earlier Officer Certificate No.PAR/KAR/REGN/5063/04/523- 26, dated 9-6-2004, to read as 2004-2007.
2. The admitted facts necessary for the resolution of this controversy appear to be that the petitioner was a founder member of the respondent No.3, which is registered with respondent No.2 under the Societies Registration Act. He held the office of the President of the Association for more than 20 years since 1982. Initially elections of office-bearers and Executive Committee were to be held every year but through a subsequent amendment in the Articles of Association this term was extended to three years. Admittedly the petitioner was elected for several three years terms.
3. Nevertheless, it appears that some disputes erupted between the petitioner group and that of respondent No.4, but is unnecessary to dilate upon them. It might suffice to mention that upon complaints being made through a notification dated 24-2-2004, the respondent No.1 dissolved the governing body of the Association and appointed an Administrator requiring him to hold free and fair elections within 45 days. Elections were conducted on 26th May, 2004 by the Administrator and the result was notified by the respondent No.2 declaring the respondent No.4 to be elected as President through Certificate of Intimation dated 9th June, 2004. The above certificate, however, stated that the office-bearers had been elected for the year 2004-2005.
4. Through letter, dated 7-12-2004, however, the General Secretary of the respondent No.3 addressed to the respondent No.2 pointed out that the tenure had perhaps been inadvertently mentioned as under the Articles of Association the governing body was elected for a three years term and requested for an appropriate amendment in the certificate.
5. Initially the respondent No.2 declined to make the desires amendment contending, vide their letter dated 8th February, 2005, that, the amendment in the Articles (wrongly mentioned as memorandum) of Association extending the tenure of the office-bearers/Executive Committee in the Annual General Body Meeting dated 20th March, 1985 was filed in his office by the petitioner as President on 20th March, 1985, whereas the tenure of the Executive Committee expired in December, 1984. As such the then Executive Committee had no legal authority to conduct any amendment in the Articles. However, upon subsequent representation to the respondent No.1, the respondent No.2 issued the impugned corrigendum stating that the tenure of the elected body may be treated as three years i.e. 2004-2007 instead of 2004-2005.
6. Mr. Asghar Ali Khan, learned counsel for the petitioner, was unable to dispute the factum of General Body resolution purporting to amend the Articles of Association by extending the term of the governing body to three years. Nevertheless he urged that the Resolution had not been duly approved by the respondent No.2 and, therefore, could not be given legal effect. Mr. Anwar Mansoor Khan, learned Advocate-General, however, pointed out that the Societies Registration Act does not require approval of the respondent No.1 or 2 for amendment of the Articles or rules of the Society. All that the law requires is that such rules or any amendment therein has to be notified to the respondent No.2. Moreover the plea taken up by the respondent No.2 in the letter dated 14-2-2005 is ex facie fallacious inasmuch as the resolution was admittedly passed by the General Body and the expiry of the term of the Executive Committee and the President, who only performed the ministerial function of communicating the resolution, could hardly be of any consequence.
7. It is also evident from the record that the petitioner under his own hand vide letter, dated 4-7- 2001 addressed to the respondent No.2 communicated to the latter the result of elections for a three years term (1999-2002) wherein he was elected as the President of the respondent No.3. It is well-settled that for seeking relief under constitutional jurisdiction, a petitioner must approach the Court with clean hands. Having taken full advantage of several three years terms, he cannot be allowed to urge that no legal amendment was made in the Articles of the Association.
Moreover, the Administrator was required to conduct elections only in accordance with such articles under section 16A of the Societies Registration Act.
8. For the foregoing reasons, there is no force in the petition which is dismissed with costs.