ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P.No.D-6533  of 2015

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Order with signature of Judge

For direction

1.For hearing of Misc.No.33626/2015

2.For hearing of Misc.No.33627/2015

15.12.2015

Mr.Zulfiqar Ali Domki,  Advocate for the Petitioner.

Pir Syed Asadullah Shah Rashdi, Advocate for the Applicant.

Mr.Mukesh Kumar Karara, AAG

Mr.Abdullah Hanjrah, Law Officer of ECP

Mr.Jam Habibullah, State Counsel.

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1. Learned counsel for the applicant, who moved the application under Section 12(2) CPC has raised various grounds for setting aside the order dated 22.10.2015. He argued that the petitioner has obtained the order on the basis of fraud and misrepresentation of facts. When we reverted back to the order dated 22.10.2015, we noted that the interest of the contesting candidates has already been safeguarded, while disposing of the petition by the learned division bench of this court, who observed as under:-

“If at all, the petitioner succeeds, the contesting candidate has a right to challenge his elections on the said ground before the Election Tribunal.”

Since ample opportunity to challenge the election has already been given in the order dated 22.10.2015, therefore, at this stage when the elections are going to be held on 17.12.2015 and all other formalities have already been completed including the printing of ballot papers no order can be passed to disturb or hinder the election process. In view of the above, this application is dismissed, however, the applicant is a liberty to challenge the election in accordance with law on all available grounds in case the petitioner succeeds.

2.     Since the application listed at Sr.No.1 has been dismissed, this application moved under Order 39 Rule 1 and 2 CPC moved by learned counsel for the applicant has become infructuous.

Judge

Judge

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