IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Constitutional Petition No.D-630 of 2016

Present

Mr.Justice Rasheed Ahmed Soomro,

Mr.Justice Irshad Ali Shah

Petitioner                :           Through Mr. Sajid Hussain Mahessar, 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 contested the Election as Member U.C-31 Thull Nau, District Council Jacobabad. He being aggrieved of result of the poll filed the instant constitutional petition before this Court with the following prayer;

“The above Election of Member District Council,        U.C-31, District Jacobabad, may kindly be declared void and results of above polling stations are prepared on the basis of malafide, unlawful, illegally and against the material available on record therefore appropriate order of re-polls may kindly be passed and further this Honourable Court may kindly be pleased to passed order of re-checking the votes/thumb impressions of above polling stations and in the above circumstances petitioner may kindly be declared successful further the respondents who has committed gross violations during the polls action against them may kindly be taken in accordance with law.

2.                    At the very outset, it is stated by learned counsel for Election Commission, learned Standing Counsel and learned D.A.G that the grievance of the petitioner, if any, subject to law could only be resolved by the Election Tribunal, which has already been constituted by the Election Commission of Pakistan. By stating so, they sought for dismissal of the instant constitutional petition being incompetent.               

3.                    In response to above, it is stated by learned counsel for the petitioner that the election petition filed by the petitioner was not entertained by the Election Tribunal, when it was presented there. By contending so, he sought for adjudication of the instant constitutional petition by this Court being Court of adequate jurisdiction.

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

5.                    Admittedly, the Tribunals to resolve the Local Bodies Election dispute have already been constituted by Election Commission of Pakistan. If for the sake of arguments, it is believed that the election petition presented by the petitioner was not entertained by such Tribunal, then the petitioner was having remedy to impugn such order of the refusal, which he has not done. Be that as it may, the issue with the petitioner sought to be resolved by this Court could only be resolved after recording of evidence, such exercise could not be undertaken by this Court in exercise of its constitutional jurisdiction under the pretext of being the Court of adequate jurisdiction.

6.                    The instant constitutional petition being incompetent is dismissed accordingly.

                                                                                                J U D G E

                                                          J U D G E