MUHAMMAD GUL, J.-This leave petition arises from the judgment of a Bench of the High Court of Sind & Buluchistan in Writ Petition No. 213 of 1973, moved by respondents Nos. 1 and 2 herein, to call in question the election of the eleven petitioners herein as members of the managing com--mittee of the Co-operative Housing Society Ltd., a Society registered under the Co-operative Societies Act 1925, hereinafter called the Society, for the year 1970-71.
2. Under the Co-operative Societies Rules, 1927 the managing com--mittee is elected annually. For the year 1969-70 eleven members of the committee, including respondent No. 1, were elected at the Special General Meeting of the Society held on 31st July 1969, under the order of the Registrar made under section 13(a) of the Act and rule 6(a) of the Rules. The meeting for the election of the committee for the year 1970-71 for various reasons, was not held in time. Ultimately the matter was brought in revision under session 64-A of the Act, before the Secretary Food, Agriculture and Co- operation (Sind), who by order dated 9th December 1470 directed the Deputy Registrar (Housing)
Co-operative Societies (respondent No. 4 herein), to call a Special General Meeting of the Society not later than the 27th December 1970, to elect eleven members of the managing committee of the Society. The latter authorised the Inspector, Co-operative Societies, (Housing-11) (respondent No. 3 herein) to conduct the election. A notice for the proposed meeting on 27th December 1:970, was published in the Daily 'Jang' (Karachi Edition) in its issue of the 19 December 1970. The meeting was held on schedule and the petitioners were elected as members of the managing committee for the year 1970-71.
3. Respondents Nos. 1 and 2 who incidentally were among the members of the managing committee for the proceeding year, challenged the election of the petitioners 'herein, by means ofth two separate revision applications filed before the Registrar Co-operative Societies Sind. The revisions were dismissed by orders dated 15th March 1971 and 24th March 1971. Against the second order, respondent No. 1 herein filed a further revision to the Secretary Food, Agriculture and Co- operation, which is still pending. In the meantime, respondents Nos. 2 and 3 herein moved Writ Petition No. 213 of 1971 to challenge the election of the petitioners on the ground that the election being in violation of the bye-law 47 of the Society, was illegal. The bye-law reads :------ ---At the Ist Annual General Meeting of the Society and at each subse--quent Annual General Meeting of the Society the President and one-third of the Members of the Committee men shall retire. The Committee to retire in each year being those who had been longest in office since the appointment or last election but between persons who became committee-men on the same day those to retire shall (unless they otherwise agree among themselves) be determined by ballot and in the event of the number of committee-men not being a multiple of three the number of committee-men to retire at any General Meeting shall be determined at the meeting at which the committee-- men are elected."
The meeting held on the 27th December 1970, purported to replace all the eleven members of the managing committee by the petitioners herein. This was plainly contrary to the provisions of the above by-law. The learnedJudges of the High Court, therefore, by means of the impugned order, declared to election of the petitioners to be illegal. The prayer regarding the issuance of a direction to the appropriate authority to hold fresh election in accordance with the Act, Rules framed thereunder and the bye-laws of the Society was however, refused, because the year 1970-71 for which the petitioners were elected, had gone by, and then since the filing of the writ petition, the election of the new managing committee for the year 1971-72 has also been held in the meantime.
4. Learned counsel for the petitioners argued that the judgment of the High Court, holding the election of the managing committee for the year 1970-71 as illegal has created a vacuum which has made the day to day management of the Society impossible. It was pointed out further that even at the election to the managing committee for the year 1969-70, all the existing eleven members including respondent No. 1 were re-elected. Further that prior to the impugned election for the year 1970-71, eight members had resigned, one had died, leaving only two members in office. Thus there was an inherent improbability to stick to the rule regarding the replacement of only one-third of the existing membership.
5. The Society is a creation of the statutes and therefore cannot invoke any power except that which is expressly conferred upon it. The require--ment of the bye-law set out above is suite clear ; it envisages the retirement of one-third of the members of the managing committee and their replace--ment by the new elected members. This precludes the whole-sale replacement of the managing committee unless the meeting were to decide otherwise. The mere fact that all the eleven members of the managing committee elected for the year 1969-70 (who included respondents I and 2) had replaced all the members for the preceding year or that the majority of the existing members had resigned would not alter the situation or otherwise validate what is manifestly repugnant to the bye-law. It may be true that the Registrar cannot invoke any provision of the Act to rectify the situation, but there is nothing to prevent the matter being placed before a Special General Meeting of all the members of the Society for rectifying the situation.
The petition is accordingly dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.