Chief Minister’s Administrative Authority to Order Inquiry into Cooperative Societies.
چیف منسٹر کو کوآپریٹو سوسائٹی میں انکوائری کا انتظامی اختیار
مقدمہ:
(1) پس منظر
(2) سپریم کورٹ میں سوال
(3) سپریم کورٹ کا فیصلہ
(4) قانونی اصول
Must read judgement.
PLD 2026 Supreme Court 69
Present: Aamer Farooq and Ali Baqar Najafi, JJ
The PROVINCE OF PUNJAB through Chief Secretary, Government of the Punjab,
Lahore and others-Petitioners
Versus
T&T EMPLOYEES IDEAL COOPERATIVE HOUSING SOCIETY LIMITED and another --Respondents
Civil Petition No.2735-L of 2015, decided on 25th April, 2025.
(Against judgment dated 16.09.2015, passed by the Lahore High Court, Lahore in W.P. No.5817 of 2015).
(a) Punjab Government Rules of Business, 2011-
Cl. 5-Co-operative Societies Act (VII of 1925), S. 43-Constitution of Pakistan, Arts.129 & 139(3)-Complaints of financial mismanagement and administrative irregularities against a cooperative housing society-Power of Chief Minister to order initiation of inquiry-Scope-High Court accepting society's plea that only Registrar of cooperative societies could hold inquiry against the society-Legality-Acting upon the complaint received against working of a cooperative housing society, the Chief Minister directed his inspection team to conduct an inquiry-The society challenged this inquiry before the High Court under Article 199 of the Constitution, contending that the Chief Minister had no authority to order such inquiry since the Cooperative Societies Act, 1925 provided its own mechanism for supervision and inquiry-The High Court accepted the society's plea and set aside the inquiry proceedings-Against High Court's decision, the Government of Punjab filed the present petition before the Supreme Court---Pivotal question requiring determination before the Supreme Court was as to "Whether the Chief Minister, under Clause 5(2) of the Punjab Government Rules of Business, 2011, possessed the legal authority to initiate or order an inquiry into the affairs of a cooperative society registered under the Cooperative Societies Act. 1925, notwithstanding the specialized supervisory mechat mechanism prescribed under the said Act'?-Held: It was clear from clauses sub-clause (2) that Chief Minister could call for 1 for any case or information from any department, attached department or regional office-In this regard, complaint made to the Chief Minister's inspection team or the Chief Minister for probing into the affairs of the society, fell within the sphere of Cooperative Laws, wherein the secretary cooperative societies was the overall in-charge-Clause 5 permitted Chief Minister to call for record and issue directions to government departments--This function was administrative in nature and did not amount to statutory intervention---However, the inquiry could not usurp the functions of the Registrar of the authorities empowered under the Act-While the High Court correctly identified the supremacy acy of the Act in terms of substantive regulation, it erred in concluding that Chief Minister had absolutely no authority to order or initiate an inquiry or call for information even through competent department--The Constitutional and administrative role of the Chief Minister had to be given its due effect-Judgment of the High Court was not sustainable as it has construed Clause 5 ibid in a restricted manner and had made the referred power of the Chief Minister dormant wherever there was statutory regulatory scheme work-Chief Minister was not excluded from calling information or record pertaining to the cooperative societies or any provincial department or attached department under Clause 5 of the Rules-Leave to appeal was granted and present petition was converted into appeal which was accordingly allowed.
(b) Co-operative Societies Act (VII of 1925)--
- 43-Punjab Government Rules of Business, 2011, Cl. 5-Complaints against working of a cooperative housing society--Holding of inquiries into affairs of a society-Jurisdiction of Registrar of of cooperative cooperative soc societies-Powers of Chief Minister to order an inquiry into affairs of a society-Scope-The Cooperative Societies Act. 1925 is a special enactment designed to regulate the formation, operation and supervision of Cooperative Societies in Pakistan-It vests with supervisory and regulatory powers in the Registrar of the Cooperative Societies and the Provincial Government-Section 43 of the Act empowers the Registrar, either on his own motion, or upon the complaint to hold inquiries into the working of a society-However, a complaint made to Chief Minister's inspection team of the Chief Minister for probing into the affairs of the society falls within the sphere of cooperative laws-Chief Minister is not excluded from calling information or record pertaining to the cooperative societies or any provincial department or attached department under Clause 5 of the Rules.
(c) Interpretation of statutes---
-It is well settled principle of statutory interpretation that where subject statute provides a complete code and procedure for redressal of grievance then it takes precedence over general or executive provision.
(d) Interpretation of statutes-
----The fundamental principle of statutory interpretation is that apparent conflict between general and special law should be resolved through harmonious construction.
Awais Ahmed Qazi, Addl. A.G., Punjab for Petitioners.
Waqar A. Sheikh, Advocate Supreme Court along with Syed Fawad Shah, Sr. Law Officer and Rai Mudassar Nawaz, Law Officer, (for respondent No. 1)