LAHORE, July 29: The Lahore High Court stayed the operation of the bylaws framed by the Model Town administrator to avoid elections to the housing society’s management committee and summoned him on September 23 to explain under what authority of law he was holding the office.
The cooperative housing society, known for its size and efficient working, was taken over by the Punjab government under a martial law order in 1982. Its managing committee, elected by the general body of its members or residents, was superseded and an administrator was appointed by the provincial cooperatives department to run its affairs.
Under a provision contained in the relevant MLO, the Punjab cabinet decided in August 1985 to allow the society to function as an elected body with effect from July 1, 1986. The decision was not, however, implemented and the residents challenged the take-over in the Lahore High Court in 1989. The Lahore High Court allowed their writ petition in 1996 and directed the cooperatives department to relieve the administrator and convene a general body meeting of the society to elect a new managing committee.
The Punjab government, however, revised its decision and challenged the LHC order before the Supreme Court, which dismissed its appeal in 1998. The LHC order stood revived but the administrator or the co-op department or the co-op registrar took no measure to restore the society. However, the respondents came under increasing pressure with the revival or planned restoration of representative institutions in the country. Instead of relieving the administrator and convening a general body meeting, bylaws were amended in violation of the rules to provide for a couple of representatives from each block to act as electors of the new managing committee.
The new bylaws and the continuance of the office of administrator were challenged by former vice-president of the society Mazhar Ali Khan and others by another writ petition filed through Advocate Iqbal Mahmood Awan. The petition came up before Justice Karamat Nazir Bhandari on Monday.
Suspending the impugned bylaws pending the disposal of the petition, the court summoned the administrator to appear in person on September 23 and cite the authority of law under which he continued to hold the office.