SHC Affirms Constitutional Court’s Jurisdiction in Union Election Dispute

Mohsin Tayebaly & Co. successfully represented its client before the High Court of Sindh in highly contested matters pertaining to the elections of the Karachi Cooperative Societies Union which is a consortium of two dozen societies across Karachi.

The Registrar of the Co-operative Societies was appointed as receiver and had engaged our firm to represent the receiver of the Union.

Different societies had filed several constitutional petitions ranging from challenges to the nomination lists for elections to challenges to the result of the elections itself.

It was argued on behalf our clients that certain directions had earlier been issued by the Federal Constitutional Court under which the elections were held and therefore the matter ought to be heard exclusively by the Federal Constitutional Court.

The Constitutional Bench of the High Court affirmed the comity of courts and the doctrine of hierarchy of courts. The High Court was pleased to dispose of the petitions in light of institutional hierarchy and recognized that the Federal Constitutional Court is the appropriate forum to adjudicate upon the issues.

The firm’s team was led by Arshad Tayebaly, Senior Partner, and included Talha Javed, Senior Associate and Nadia Mehek, Associate.