' ALI BAQAR NAJAFI, J.---Through this writ petition the petitioners seek setting aside of termination letter dated 3-12-2012 (Annex-A) with the further direction to the respondents to incorporate the names of 53 members in the voters list (Annex-C) as shown in the subscription list (Annex-B).
2. Brief facts giving rise to the filing of this writ petition are that the Pakistan Medical Association Jhelum (hereinafter referred to as PMA, Jhelum) is an affiliated body of Pakistan Medical Association Punjab and centrally with Pakistan Medical Association Centre; a registered body under the Societies Registration Act, 1860 with the Registrar, Joint Companies Karachi and Lahore.
The petitioners are the medical practitioners at District Jhelum in Punjab, who as per their contention are entitled to vote under Article 6 (Eligibility for Membership) of the Constitution and Bye-Laws. Of Pakistan Medical Association Jhelum (Amended up-till 29th December, 1997). The PMA Jhelum has two main groups, namely, "Doctors' Amal Group" and "United Democratic Forum" and the petitioners are the members of the former whereas the respondents belong to the latter group. The existing elected body could not perform well and could induct only 14 new members till 30-6-2012 and managed to collect biennial renewal fee from 34 members only. In the General Body meeting convened in June, 2012, a move to enhance the membership was adopted. Under Article 15(ii) ibid the eligibility of petitioners' members to vote or contest in election is subject to their being inducted as members three months prior to the election which date by convention is accepted as 30th of September of an election year. Respondents Nos.1 to 3 took it personal and started a campaign to technically knock out their probable adversaries i,e, petitioners Nos.1 and 2 by leveling vague and baseless allegations. They have gone to the level that they unilaterally terminated the membership of petitioners Nos.1 and 2 vide letter dated 3-12-2012 impugned in this petition being in violation of Article 17 of the Constitution of Islamic Republic of Pakistan, 1973.
Surprisingly, respondents Nos.1 to 3 struck off the names of 53 members including the petitioners Nos.3 to 19 whose names appeared in the subscription list dated 15-10-2012 (Annex-B) for the period 2011-2012 and issued the impugned voter list dated 6-12-2012 (Annex-C) on the pretext that membership fee was received after 30-9-2012, whereas according to the petitioners the same was received by respondent No,3 well before 30-9-2012 i,e, the cut-off date. The amount of subscription of the doctors was presented through two cheques dated 20-9-2012 and 24-9-2012 amounting to Rs,18000 and Rs,15000 respectively to respondents Nos.2 and 3, who delayed in presenting the same for encashment. The petitioners to avoid late payment paid the amount in cash against receipts annexed with the petition but even the petitioners were debarred from casting vote. Hence this writ petition,
3. Learned counsel for the petitioners submits that right of freedom of association guaranteed under Article 17 of the Constitution of Islamic Republic of Pakistan, 1973, has been denied to the petitioners when they were free from casting votes even after their payment well in time; that the process of scrutiny implemented by respondents Nos.1 to 3 is in violation of the Constitution of PMA Jhelum; that under clause 15(ii) of the Constitution ibid the yearly subscription has already been paid in time; that 53 votes have been mentioned in the subscription list (Annex-B) but not mentioned in the voter list (Annex-C); that the minority cannot hamper the democratic process; that as per election schedule last date for objections on the list was 15-12-2012 whereas the petitioners moved an application raising objections to the respondents within time to include the petitioners in the voter list but the- same remained unattended; that the final voter list dated 17-12- 2012 deprives the petitioners and others from their valuable right to cast vote; that the petitioners do not fall in the disqualification criteria as defined in Article 10 of the Constitution of PMA Jhelum ibid. Places reliance on Khawaia Waseem Humayun v. Registrar Co-operative, Punjab, Lahore and 3 others (2010 YLR 2562) and prays for the acceptance of the writ petition.
4. Conversely, learned counsel for respondents Nos.2 to 5 questions the, maintainability of the writ petition on the ground that the PMA Jhelum is not a person running the affairs of Federation but that of group of persons; that respondent No,6 is just arrayed in the list of respondents, whereas no claim is sought against it. Places reliance on MRs,Kausar Iqbal Bhatti, Advocate High Court Bahawalpur v. Shafqat Atta and 25 others (2010 CLC 224), United Bank Limited Pensioners Welfare Association of Pakistan through President v. United Bank Limited through President and 5 others (2011 CLC 831), Mst.Umm-eRoman v. Regulatory Authority Oil and Gas, Islamabad through Chairman and another (2009 M LD 759), Maqsood Ahmed Toor and 4 others v. Federation of Pakistan through the Secretary to the Government of Pakistan. Ministry of Housing and Works, Islamabad and others (2000 SCM R 928), Federation Government Employees' Housing Foundation through Director 'General, Islamabad and another v. Muhammad Akram Alizai, Deputy Controller, PBC, Islamabad (PLD 2002 SC 1079) and 2011 SBLR Sindh 1249 to argue that an association managing its own affairs does not come within the definition of a person dealing with the affairs of the Federation; that no statutory violation is alleged. He, however, does not address on merits of the case and has neither admitted the documents annexed with the writ petition nor denied the same.
5. I have heard the learned counsel for the parties and perused the record.
6. Admittedly, respondent No,1 is an association whereas respondents Nos.2 and 3 are its office bearers while respondents Nos.4 and 5 are the members of the Election Committee but respondent Nos.6 has issued a certificate of incorporation of the association. The subscription list (Annex-B) as well as voter list (Annex-C) is also not denied by the respondents. The only reason available to the authority to terminate the membership of the petitioners and not to enroll them and others in the voter list is that they submitted their subscription after the due date. The available documents reveal that their subscription was deposited before the stipulated date through two cheques dated 20-9-2012 and 24-9-2012 to respondents Nos.2 and 3. If the same were not presented or not accounted in the accounts of the respondents, it was not the fault of the members,
7. Article 17 of the Constitution of Islamic Republic of Pakistan, 1973, guarantees the right of freedom of association to every citizen who is well within his right to form an association or union subject to any reasonable restrictions and that right to vote in such an association is the right of basic nature of a foremost importance. This right cannot be derogated on some technical grounds as in the present case when late subscription was made as a ground which debarred the petitioners and others to cast their votes.
8. As far as maintainability of this petition is concerned, this Court has ample jurisdiction to safeguard the fundamental rights of the individuals as against the societies/associations. I am fortified by the judgment rendered by this Court in Khawaja Waseem Humayun v. Registrar Co- operative, Punjab, Lahore and 3 others (2010 YLR 2562).
' The judgments cited at bar by the learned counsel for respondents No,2 to 5 do not relate to an association of doctors who are professionals and have a peculiar status in the society which they have attained by saving the lives of the people. It is not only a profession but also a service for which the association's members are presumably committed. This Court is also mindful of the fact that to promote the democratic order and encourage the election process in such professional associations will ultimately build up institutions in accordance with democratic norms. It will ultimately build up a democratic culture in our society which is the only way of survival of this nation. This Court time and again has come forward in order to rescue an individual by protecting his fundamental rights. To my humble understanding, perhaps right to form an association, contest elections and cast vote is as important a fundamental right as any other fundamental right enshrined in Constitution of Islamic Republic of Pakistan, 1973.
9. In view of what has been discussed above, I allow this petition and direct respondents Nos.4 and 5 to incorporate 53 members in the voter list (Annex-C) as shown in the subscription list (Annex-B).
The termination letter dated 3-12-2012 (Annex-A) is also set aside as having been passed illegally.
A copy of this order be sent to respondent No,6 for information and compliance.