IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Constitutional Petition No.D-539 of 2018

Present

Mr.Justice Rasheed Ahmed Soomro,

Mr.Justice Irshad Ali Shah

Petitioner                      :        Through Mr.Ashfaq Husain Abro, Advocate

Respondents                      :           Through Mr.Rafique Ahmed K.Abro,

Advocate for Election Commission

Mr.Abdul Rasheed Abro, Assistant Attorney General Pakistan.

Private Respondent in person

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 has concealed his assets, liabilities and accounts before the learned Returning Officer at the time of acceptance of his nomination paper.     

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 concealed his assets, liabilities and accounts. By contending so, he sought for rejection of nomination paper of the private respondent. 

3.                It is contended by the private respondent in person that 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. By contending so, he sought for dismissal of the instant constitutional petition as according to him he has concealed nothing which may call for rejection of his nomination paper.

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 his 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 factual controversy with regard to concealment of assets, liabilities and accounts.

7.                The instant constitutional petition is dismissed accordingly.  

                                                                                                J U D G E

                                                                   J U D G E

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