Days after Deputy Commissioner Islamabad Irfan Nawaz Memon and Deputy Registrar Cooperatives Kamran Cheema declared the election of Jammu Kashmir Cooperative Housing Society null and void over allegations of vote fraud, Secretary Cooperative ICT Saeed Ramzan has suspended the decision and reinstated the management of the society.
The reinstatement of the society management by the Secretary Cooperative reportedly without listening to the stance of the other party has raised questions not only on the legality of the said process but also dented the credibility of the investigation done by Deputy Commissioner Islamabad Irfan Nawaz Memon and Deputy Registrar Cooperatives Kamran Cheema.
According to the details, the elections of Jammu Kashmir Housing Society were held on January 1, but the leader of the group who lost the election, Ziaullah Shah, and his colleagues presented evidence before the Registrar Cooperative that 526 fake votes were cast during elections. However, before the proceedings completed, Sardar Sabeel obtained an injunction in Islamabad High Court through two different petitions. Later, the Islamabad High Court rejected their applications and declared in its order that the registrar cooperatives had the powers to hear the case.
Therefore, in the order passed on February 24, 2023, re-election of the society was ordered in 60 days and Accounts Officer Amil Khan was appointed as the administrator for the election. But on February 28, Sardar Sabeel approached Secretary Cooperatives Ramzan Saeed and got restored their group by suspending the order of the registrar cooperative.
“The instant revision petition is one of the 07 petitions filed under Section 33 of Islamabad Cooperative Societies Election Rules, 2019 against the decision of Deputy Registrar, Cooperative Societies Department dated 24-02-2023 whereby the appeal of Ubaid Ahmed Qureshi & others against the Election Commission of JKCHS stands accepted and notification dated 02-01-2023 regarding the result of election of J&KCHS held on 02-01-2023 has been set aside and fresh election commission has to be appointed and fresh elections have to be conducted along with the appointment of an Administrator to look after the day to day affairs of the J&KCHS,” an order passed by Secretary Cooperatives read.
“The petitioners argued the case for an early hearing and a grant of a temporary injunction for the maintenance of status quo against the impugned order dated 24-02-2023 issued by Deputy Registrar, which can cause an irreparable loss to the petitioner and the balance of convenience lies in their favour as there is a Notification dated 02-01-2023 which stands issued regarding the elections of Managing Committee of J&KCHS held on 01-01-2023,” it further said.
“The counsels for the petitioners presented the report of the Election Commission dated 24-01-2023 whose paragraphs 10&11 speak that the counting of votes was held twice & the contesting groups signed the results, thus applicant have a case prima facie and if the operation of the order dated 24-02-2023 is not suspended petitioners will suffer an irreparable loss. It was contented that there is a substantial difference of 175 votes between the winner and the losing candidate for Chairman and the question of missing of counterfoils of 100 votes cast, by voters and duly signed and bearing the stamp of the election commission; while the record remained in the custody of Cooperatives Societies Department, hence, the missing counterfoil should not have a negative impact on the results of the elections,” the order read.
“I have heard the arguments and perused the record. The applicants have a plausible case for grant of maintenance of status quo. Till further orders, operation of the orders of Deputy Registrar office dated 24-02-2023 is suspended. Case to come up for regular hearing on 02-03-2023. Notices be issued to the respondents of this revision petition for 02-03-2023,” it concluded.
