' MANZOOR HUSSAIN SIAL, J.---The petitioners seek leave to appeal against judgment dated 13-12- 1994 of the Lahore High Court passed in Writ Petition No,12116/94.
2. M/s. Government Employees' Cooperative Housing Society Limited, Township, Lahore (hereinafter referred to as Society) and another filed Writ Petition No,12116/94 in the Lahore High Court assailing ex parte order dated 2-10-1994 of Mr. Muhammad Naeem Siddiqi, Deputy Registrar of the Cooperative Society, whereby respondent No,2 was removed to act as Secretary of the Society. It was averred in the writ petition that election of the Society was held after every three years. In the year 1989, Mr. Muhammad Naeem Siddiqi, petitioner No,3 who had passed the impugned order, contested the election of the Society being representative of the Rival Group for the post of Member, Managing Committee and lost election against respondent No,2 and further that he again participated in the election held in 1992 wherein Rival Group lost the election. It was further pleaded that an application was got moved by one Sheikh Munib Usmani, Member, Anti- Corruption Committee to the Deputy Commissioner, Lahore alleging evasion of the stamp duty by the Society. The Deputy Commissioner, Lahore, on 11-7-1994 directed that respondent No,2 namely Muhammad Iqbal Butt, Secretary of the Society, be dismissed and in his place Administrator be appointed whereupon a show-cause notice issued by petitioner No,3 to respondent No,2 followed by ex parte order passed by him on 2-10-1994 whereby he was removed, to act as Secretary of the Society and in his place Circle Registrar was appointed to act as Secretary.
3. The High Court after hearing the parties, vide impugned order, allowed the writ petition and declared the impugned order having been passed without lawful authority.
4. Learned counsel for petitioners contended that respondent No,2 had already challenged the order of the Deputy Registrar before the Secretary, Cooperative Society, petitioner herein, under section 64 of the Cooperative Societies Act, 1925, the writ petition was, therefore, not maintainable.
It was further contended that the learned High Court erred to hold that the Deputy Registrar while passing the order adverse to respondent No,2 acted as Judge in his own cause.
5. We have considered the contentions raised by learned counsel for petitioners but find no merit in them. It is not denied by petitioner No,3 that he contested the election for the post of Member of the Society in the year 1989 as also that the Rival Group of which he is Member lost the election of the Society held in 1992. It is also established that on the direction of the Deputy Commissioner, Lahore, a show-cause notice was issued to respondent No,2 and was ultimately removed from his office.
The Deputy Commissioner has no role to play under the provisions of the Cooperative Societies Act.
1925. The respondent No,2 being not certain about the factum of the appellate jurisdiction conferred on the petitioner No,1 invoked the extraordinary Constitutional jurisdiction of the High Court. He, therefore, could not be denied the relief in the peculiar circumstances of this case merely because another less efficacious remedy at the relevant time was available to him.
6. After hearing learned counsel for petitioners we do not think that this is a fit case where leave to appeal may be granted. In the result, this petition being without any merit is dismissed and .