IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Constitutional Petition No.D-510 of 2018

Present:

Mr.Justice Rasheed Ahmed Soomro,

Mr.Justice Irshad Ali Shah

Petitioner : Through Mr.Zulfiqar Ali Sangi, Advocate

Respondents : Through Mr.Haq Nawaz Talpur & Mr.Saeed Ahmed Bijarani, Advocates 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 : 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 private respondent filed his nomination paper to contest Election from PS-06, Kashmore-III, it was accepted by learned Returning Officer vide his order dated 19.06.2018. The petitioner being aggrieved of acceptance of such nomination paper of the private respondent, without filing his objection before learned Returning Officer preferred an Election Appeal, it was dismissed by learned Election Appellate Tribunal Sukkur vide order dated 26.06.2018 (wrongly typed as 27.06.2018), which has been impugned by the petitioner before this Court by way of instant constitutional petition.

2. It is contended by learned counsel for the petitioner that the private respondent contested the last General Election 2013, by filing a false declaration that he is having degree issued by Federal Urdu University of Arts, Sciences and Technology, which was found to be false and in that respect the finding was arrived at by the Hon’ble High Court of Sindh vide judgment dated 07^th November, 2014, while deciding C.P.No.D-3371/2013. By contending so, he sought for rejection of the nomination paper of the private respondent as according to him he is not “Sadiq” or “Ameen”.

3. It is contended by learned counsel for the private respondent that the judgment of Hon’ble High Court of Sindh referred by learned counsel for the petitioner, on challenge by the private respondent by way of filing Civil Petition No.2195/2014, was set-aside by the Hon’ble Supreme Court of Pakistan vide judgment dated 05^th December, 2014. By contending so, he sought for dismissal of the instant constitutional petition, as according to them, the issue of private respondent being “Sadiq” or “Ameen” could not be resolved by this Court in summarily manner.

4. Learned counsel for Election Commission of Pakistan and Assistant Attorney General Pakistan by supporting the impugned orders have sought for dismissal of the instant constitutional petition by contending that the petitioner is having no locus-standi to challenge the acceptance of nomination paper of the private respondent in terms of Section 63 (1) of the Election Act, 2017.

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

6. Admittedly, the petitioner did not file his objection to the acceptance of nomination paper of the private respondent, his appeal was dismissed by learned Election Appellate Tribunal Sukkur, being incompetent probably being hit by 63 (1) of the Election Act, 2017. If for the sake of arguments, it is believed that the petitioner is having a locus-standi to challenge the acceptance of the nomination paper of the private respondent even then it could not be rejected by this Court simply for the reason that the judgment passed by the Hon’ble High Court of Sindh was set-aside by the Hon’ble Supreme Court of Pakistan with a liberty to the private respondent therein to seek any other remedy available to him under the law. It is not made known by the petitioner whether any other remedy available at law was sought for by the private respondent of that litigation. The controversy that the private respondent is “Sadiq” or “Ameen” being in possession of alleged fake degree could not be resolved by this Court in exercise of its constitutional jurisdiction, as it requires evidence.

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

JUDGE