IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Constitutional Petition No.D-540 of 2018

Present

Mr.Justice Rasheed Ahmed Soomro,

Mr.Justice Irshad Ali Shah

Petitioner                      :        Through Mr.Ashfaq Husain Abro, Advocate

Respondents                      :           Through Mr.Nadeem Ahmed Qureshi,

Advocate for private respondent,

Mr.Rafique Ahmed K.Abro,

Advocate for Election Commission

Mr.Abdul Rasheed Abro, Assistant Attorney General Pakistan.

Date of hearing            :        18.07.2018          

Date of decision           :        18.07.2018                   

O R D E R

IRSHAD ALI SHAH, J.- The petitioner by way of instant constitutional petition has challenged the acceptance of nomination paper of private respondent to contest Election from PS-09, Shikarpur-III, mainly for the reason that he is defaulter.       

2.                It is contended by learned counsel for the petitioner that the learned Returning Officer not to have accepted the nomination paper of the private respondent, as he was defaulter. By contending so, he sought for rejection of nomination paper of the private respondent. 

3.                It is contended by the learned counsel for private respondent that the private respondent was not defaulter, the petitioner did not file any objection to his nomination paper; he did not prefer any appeal before learned Election Appellate Tribunal, Sukkur, against acceptance of his nomination paper, as such, he is having no locus-standi to challenge the acceptance of nomination paper of the private respondent. By contending so, he sought for dismissal of the instant constitutional petition.

4.                Learned counsel for Election Commission of Pakistan and learned Assistant Attorney General Pakistan sought for dismissal of the instant constitutional petition by contending that the entire process to conduct election has already been completed and no wrong has been committed by learned Returning Officer by accepting the nomination paper of the private respondent.

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

6.                Admittedly, the petitioner did not file any objection to acceptance of nomination paper of the private respondent before learned Returning Officer, nor he challenged the acceptance of the nomination paper of the private respondent by preferring an appeal before learned Election Appellate Tribunal Sukkur. In that situation, the petitioner could hardly be permitted to challenge the acceptance of the nomination paper of the private respondent before this Court by way of instant constitutional petition on the basis of allegation that the private respondent being defaulter is not entitled to be permitted to contest the Election.

7.                The instant constitutional petition is dismissed accordingly. 

                                                                                                J U D G E

                                                                   J U D G E

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