Membership Rights Under Cooperative Societies Act upheld by Lahore High Court, Rawalpindi Bench Rawalpindi 

Islamabad 05-06-2024: In recent legal development, the Honourable Lahore High Court, Rawalpindi Bench Rawalpindi while deciding [WP No.74 of 2024] upheld the Membership Rights in Cooperative Societies Act despite of default in dues and dismissed the writ petition filed by the Cooperative Housing Society against the orders of Transfer of Plot in Society. Mr. Justice Jawad Hassan observed factual and legal aspects of the case on the touchstone of fundamental rights in respect of property. 

The Golden Jubilee Co-operative Housing Society filed a petition against the dismissal of their appeal regarding the transfer of a plot. The petitioner claimed the respondent was a defaulter and violated rules. The court discussed membership rights under the Cooperative Societies Act. The Court emphasized that the petitioner cannot refuse transfer based on Section 17 of the Act. The section 17 of the Cooperative Societies Act defines the rights and liabilities of members. It states that no person can exercise membership rights until payment is made to the society as per rules or by-laws. The section 17-B of the Act deals with the expulsion of a member for persistent default of dues or acts prejudicial to the society's interests. 

It is observed by the Court that Article 23 and 24 of the Constitution of Pakistan guarantee the right to acquire, hold, and dispose of property in Pakistan, subject to constitutional provisions and reasonable legal restrictions. The Court found both impugned orders well-reasoned and well-argued, considering all aspects of the case. Consequently, the petition filed by Cooperative Housing Society was dismissed as it was deemed to hold no merit.

Powered by Froala Editor