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CH. ABDUL HAMEED versus BASHIR AHMAD SHAUQ


Under section 70 and 70, the Claimant Society Bar has been sued by a plaintiff who has been prosecuted without the legal notice read by suit Rules 17 and 18, to be named as the elected official of the society as his candidate in the election. Unlike what was supposed to happen at the General Meeting, however, such a meeting could not take place due to lack of quorum, and the appeal against the Society or its officers retained a valid suit. And was not authorized under any law touching the business of the Society. Sections 70 and 70A of the Co-operative Society Act, 1925, without prior notice to their institution, the defendants objected that it was expressly demanded in subsection Rules 17 and 18 of the Society that the selection of the officers of the Society be held at a meeting. I had to be. The general body meeting that was to be called was due to lack of quorum, therefore, no election was made and in the absence of elections no one could announce the appointment of an office. The restraints, including the by-laws, were based on instruments because they legitimized the electoral process and could neither be considered a directory nor exempted by the society. And its members failed to apply their judicial mind to consider this important aspect of the dispute, so the lower court's impeachment results were set aside by the High Court.

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