ISLAMABAD: The Islamabad High Court (IHC) has directed Deputy Commissioner Irfan Nawaz Memon to hold elections of housing societies in three months.

The court issued the order while hearing a petition seeking contempt of court proceedings against the district administration for delaying the elections for about a year despite directions from the court.

In 2022, the deputy commissioner had cancelled the registration of 18 housing societies.

IHC Justice Arbab Mohammad Tahir on August 15 last year set aside the cancellation of the registration of the housing societies and directed the district administration to hold elections of their management committees.

IHC adjourns hearing of contempt plea against district administration till Oct 25

The societies included Wapda Employees Cooperative Housing Society, Veterans Cooperative Society, OGDC Officers Cooperative, Foreign Office Cooperative, Ministry of Commerce Cooperative Housing Society, Pakistan Employees Cooperative Housing Society, PAEC Employees Cooperative, PWD Employees Cooperative Housing Society, National Police Foundation Cooperative Housing Society, OGDC Employees Cooperative Housing Society, Federal Shariat Court Employees Cooperative Housing Society, Pakistan Professional Cooperative and Engineers Cooperative Housing Society, State Life Insurance Cooperative Housing Society, KRL Employees Housing Society, Parc Employees Cooperative Housing Society and Islamabad Cooperative Housing Society (ICHS).

During the course of arguments, the counsel for the societies informed the court that the over 100,000 allottees of the above mentioned housing societies were suffering because of the refusal of the district administration to hold the elections.

He said since there were no elected management committees of the housing societies, and these were being managed by the administrator of the district admin, criminals were grabbing on land of these societies without any hindrance.

A few of these societies filed the contempt petition against the chief commissioner and the deputy commissioner. Justice Tahir earlier this month sought response from the district administration over non-compliance of the order of August 15, 2023.

The district administration, however, submitted a report stating that the judgement could not be implemented, probably, due to non-cooperation of the societies.

However, the court was told that since there was no elected management committee in nine housing societies and these were being run by the officer appointed by the deputy commissioner, the dysfunctional societies could not be blamed for non-cooperation.

As per the report of the deputy commissioner, nine housing societies were being managed by duly notified managing committees, whereas an election for the managing committees of the remaining nine was yet to be conducted.

“The election of office bearers of the Managing Committees of the said Societies is directed to be conducted within a period of 03 months,” ordered the judge after perusal of the report.

The court, however, issued notices to the housing societies who were not complying with the directions issued in August 2023 that also asked them to stop using government department names.

“Why proceedings under the Contempt of Court Ordinance, 2003 may not be initiated against the office bears of the respective Managing Committees for willfully obstructing implementation of judgment, dated 15.08.2023,” read the court order.

Justice Tahir directed the registrar Cooperative Societies to confirm from the federal government whether the cooperative societies were using the name of the government departments, ministries, divisions after obtaining approval or otherwise.

The court also noted that the registrar cooperative societies/deputy commissioner should approach the National Command Authority whether the names of strategic organisations were being used with its permission, particularly with reference to the sensitive nature of their functions and implicit threat of revealing identity of employees working in such strategic organisations.

The court also asked the registrar to propose a mechanism whether registration of societies which do not operate within the Islamabad Capital Territory can be transferred to the respective provinces?

Further hearing in the matter was adjourned till October 25.

Published in Dawn, July 28th, 2024