ORDER MUNIR A. SHEIKH, J.- The question as to legality of amendment made in bye-laws of Model Town Co-operative Society of adding Clause (xii) in byelaw-43 so as to disqualify a person who is engaged in any manner in dealing with property business within the area of operation of the society and persons directly or indirectly dealing in business related to society's property or is a tenant of the society, is subject- matter of the Constitutional matter which is pending disposal.
The election of the membership of the Committee of the Society is going to be held. Petitioner No. 1.
Who is tenant of the property of the society wants to contest election of the membership of the Committee of the Society.
2. Petitioner No. 1 is present in person and says that though he is dealing with the property business in the rented premises, within the area of the society but does not in any manner deal with the property business of the properties owned by the society. This dis-qualification clause was not part of the said byelaws previously as such those persons who were tenants of the Society or dealing with the property business generally were not disqualified from contesting the election of the membership of the Committee of the Society and in case during the pendency of the writ petition, he is not allowed to contest the election, he will suffer irreparable loss which aspect of the case has not been taken into consideration by the learned Judge of the High Court while passing the impugned order.
3. Subject to the decision as to legality of the said amendment made in the bye-laws of the Society and the decision in the main petition herein, petitioner No. 1 shall be allowed to contest the forthcoming election of the membership of the Committee of the Society.