5256/2023 Const. P. Saleh Muhammad & Others (Petitioner) V/S Province of Sindh & Others (Respondent)

5256/2023 Const. P. Saleh Muhammad & Others (Petitioner) V/S Province of Sindh & Others (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Salahuddin Panhwar(Author), Hon'ble Mr. Justice Khadim Hussain Soomro Order Date: 06-MAY-24

The Sindh Cooperative Societies Act, 2020, along with its accompanying Rules, 2020, provides the framework for appeals to the Government of Sindh. Specifically, Section 18(3) stipulates the right to appeal against the Registrar???s orders concerning amendments to the society???s bylaws The Superior Courts??? jurisdiction to enforce fundamental rights, as enshrined in Article 199(1)(c), of the Constitution of the Islamic Republic of Pakistan, 1973, transcends the confines of federal, provincial, or local administrative bodies The jurisdiction of the Special Court for Cooperative Societies is circumscribed by the provisions of Sections 73 and 117, of the Sindh Cooperative Societies Act, 2020, and Rule 53 of the 2020 Rules. It is the prerogative and duty of the Special Court, endowed with the appropriate jurisdiction, to meticulously dissect and evaluate the disputed facts, thereby resolving and delineating the rights of the parties predicated on the evidence tendered. it is settled law that superior courts could not engage in factual controversies as the matters pertaining to factual controversy can only be resolved after thorough inquiry and recording of evidence in a civil court.