IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Constitutional Petition No.D-487 of 2018

Present

Mr.Justice Rasheed Ahmed Soomro,

Mr.Justice Irshad Ali Shah

Petitioner                :           Through Mr.Muhammad Sachal Awan, Advocate

Respondent            s          :             Mr.Rafique Ahmed Abro, Adv:  for  Election Commission

Mr.Abdul Rasheed Abro, Standing Counsel and Mr.Nisar Ahmed Abro, D.A.G

Date of hearing                  :           05.07.2018             

Date of decision                :           05.07.2018                         

O R D E R  

IRSHAD ALI SHAH. J- The facts in brief necessary for disposal of instant constitutional petition are that the petitioner filed a nomination paper to contest Election for PS-83 Dadu-01. His nomination paper was rejected by learned Returning Officer vide his order dated 19.06.2018, on objection of Manager (Legal and Labour) SEPCO Sukkur that the petitioner is defaulter of SEPCO for an amount of Rs.77,502/-. The petitioner then preferred an appeal before learned Election Tribunal Sindh at Karachi against the rejection of his nomination paper, but it too was dismissed by learned Election Tribunal Sindh at Karachi vide its order dated 23.06.2018. The petitioner being aggrieved of above said orders of learned Returning Officer and learned Election Tribunal Sindh at Karachi rejecting his nomination paper for the above said constituency has impugned the same before this Court by way of instant constitutional petition.

2.                    It is contended by learned counsel for the petitioner that the default in payment of bill, if any, was against Sardar Ali and not against the petitioner yet the petitioner is ready and prepared to pay the same. By contending so, he sought for acceptance of nomination paper of the petitioner for the above said constituency, as according to him, the petitioner could not be denied the right to contest the election on vague and technical ground which is guaranteed by law.

3.                    Learned Counsel for Election Commission and Learned Standing Counsel and learned D.A.G have sought for dismissal of instant constitutional petition by contending that the entire process necessary to conduct Election has already been completed.

4.                    We have considered the above arguments and perused the record.

5.                    The petitioner is shown to be defaulter of the bill, which is issued against Sardar Ali. In that context, the petitioner could hardly be treated to be defaulter of SEPCO, which may make him disentitle/disqualify to contest the election most particularly when he is found ready and prepared to clear the above said default.

6.                    Sub Section 10 to Section 62 of Election Act, 2017, reads as under;

(10) Notwithstanding anything contained in sub-section (9), where a candidate deposits any amount of loan, tax or government dues and utility expenses payable by him of which he is unaware at the time of filing of his nomination paper, such nomination paper shall not be rejected on the ground of default in payment of such loan, taxes or government dues and utility expenses.

7.                    In the instant case, the petitioner may not be aware of the default of SEPCO money on the part of Sardar Ali, as such rejection of his nomination paper on above said default by way of impugned orders could not be sustained, those are set-aside and consequently the petitioner is allowed to contest the Election from the above said constituency subject to clearance of above said dues/default of SEPCO.

8.                    The instant constitutional petition stands disposed of accordingly.

                                                                                                J U D G E

                                                          J U D G E

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