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1997 SCMR 186

THE REGISTRAR, COOPERATIVE SOCIETIES, PUNJAB AND 2 OTHERS
V/S
NASEER AHMAD KHAN AND 2 OTHERS

Per Muhammad Ilyas, J.(a) Constitution of Pakistan (1973), Articles 129, 139 & 185

Supersession of Cooperative Society by Martial Law Administrator with option to Government to revive the same at any time—Government decided to revive such society from 1st August, 1986 but requisite steps were not taken to implement decision relating to revival of Society—Government during pendency of Constitutional petition rescinded earlier decision in regard to revival of said Society—Such additional ground was also taken in Constitutional petition—High Court directed Government to revive the Society within specified period—Validity—Main grounds raised in petition for leave to appeal were that no order or notification was issued under signature of any functionary of Government, on basis of decision of cabinet for revival of said Society—Question for determination would be whether decision of Cabinet for revival of Society was synonymous with decision of Government keeping in view provisions of Arts. 129 & 139 of the Constitution —Question raised involved interpretation of the Constitution—Leave to appeal was granted inter alia to examine whether decision of Cabinet could be treated as decision of Government within meaning of para. 3 of Martial Law Order No. 856, whereby Model Town Cooperative Society was dissolved. [p. 189] A

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