IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Constitutional Petition No.D-506 of 2018

 

                                      Present:

                                                    Mr.Justice Rasheed Ahmed Soomro,

  Mr.Justice Irshad Ali Shah

 

Petitioner                      :        Through Mr.Habibullah Ghouri, Advocate

 

Respondents                      :           Through Mr.Rafique Ahmed K.Abro,

Advocate for Election Commission   

 

Mr.Abdul Rasheed Abro, Assistant Attorney General Pakistan.

 

Date of hearing             :        19.07.2018          

Date of decision           :        19.07.2018                   

 

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 from PS-09, Shikarpur-III, it was accepted by learned Returning Officer vide order dated 18.06.2018. After acceptance of nomination paper of the petitioner, at the instance of SEPCO officials, the learned Returning Officer made reference to learned Election Appellate Tribunal Sukkur for rejection of nomination paper of the petitioner for his being defaulter of SEPCO for more than Eight Lacs of rupees. It was accepted and consequently the nomination paper of the petitioner was rejected by learned Election Appellate Tribunal vide order dated 21.06.2018, which the petitioner has impugned before this Court by way of instant constitutional petition.

2.                It is contended by learned counsel for the petitioner that the petitioner has never used the electricity, as such he is not liable to make payment of any bill, the bills containing outstanding amount against the petitioner according to him are fake and managed. By contending so, he sought for acceptance of nomination paper of the petitioner.  

3.                Learned counsel for Election Commission of Pakistan and Assistant Attorney General Pakistan have sought for dismissal of the instant constitutional petition by contending that the petitioner is defaulter of the electricity bill.

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

5.                The amount shown in the bills issued by SEPCO is outstanding against the petitioner, those bills being public documents are carrying the presumption of correctness. Nothing has been brought on record which may make it believes that those bills are fake or managed. The appellant is appearing to be defaulter of utility bills, as such he could not be permitted to contest the Election. The learned Election Appellate Tribunal Sukkur by rejecting the nomination paper of the petitioner by way of impugned order has committed no wrong, which may be made right by this Court, in exercise of its constitutional jurisdiction.

6.                In view of the facts and reasons discussed above, the instant constitutional petition is dismissed accordingly. No order as to costs.

 

                                                                                                JUDGE

                                                                    JUDGE

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