ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Election Petition No.D-580 of 2018.

Date of hearing

Order with signature of Judge

For hearing of M.A.No.3078/2018.

06.11.2018

Mr.Abdul Rehman Bhutto, Advocate for petitioner.

Mr.Abdul Rasheed Abro, Asst: Attorney General

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IRSHAD ALI SHAH, J.- The petitioner by way of instant contempt application has sought for prosecution of the contemnor for committing disobedience to order dated 07.08.2018, passed by this Court, the operative part whereof reads as under;

“Accordingly, we dispose of this petition by directing the respondent No.1 i.e the E.C.P to decide the application of the petitioner filed on 29.07.2018 preferably within a period of fifteen days, after providing an opportunity of hearing to the petitioner in accordance with law”.

2. The facts in brief necessary for disposal of instant contempt application are that the petitioner contested General Eelction-2018, from PS-07 Shikarpur, which he lost. The petitioner alleged rigging in the poll, and accordingly he made an application with Election Commission of Pakistan for enquiry. No enquiry as per the petitioner was conducted on his application; he then filed a constitutional petition before this Court praying therein for the following relief;

i). Direct the ECP to expeditiously conduct an enquiry and hold proceedings with respect to the applications dated 27.07.2018 and 29.07.2018 preferred by the petitioner in respect of grave illegalities and violations of law during polling in PS-07 strictly in accordance with law.

ii). Restrain the ECP from finally declaring and publishing the name of the returned candidate from PS-07, District Shikarpur, Sindh in the Official Gazette until the completion of the aforesaid enquiry/ proceedings and to restrain the respondent No.5 from taking oath or assuming office of Member of Provincial Assembly till then;

3. It is contended by learned counsel for the petitioner that the order 07.08.2018, passed by this Court has not been complied with by the contemnor willfully as such he is liable to be prosecuted for willful disobedience of above said order.

4. Learned Assistant Attorney General has sought for dismissal of the instant contempt application by contending that it is not maintainable at law.

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

6. At the very outset, it is necessary to reiterate legal position that a contempt matter is between the Court and the condemner alone hence one at the most could play a role of informer and nothing more than this. The role of the informer comes to an end the moment he places / communicates alleged contempt of Court and then it is the Court alone which alone shall be competent to decide whether to proceed therewith or otherwise. Reference in this regard may well be placed upon case of Shahid Orakzai v. Pakistan Muslm League (2000 SCMR-1969) wherein at Rel. P-2011, it has been held that;

“…a contempt matter is between the Court and the contemnor alone and a stranger has nothing to do with such proceedings as the role of an informer ends once the Court takes the cognizance of the matter at his instance…

7. It is a matter of record that admittedly, the constitutional petition, filed by the petitioner was disposed of by this Court by way of order dated 07.08.2018, on very first date of hearing, on waiving of notice whereof by learned D.A.G. It was disposed of with direction to decide the application of the petitioner, claimed to be pending before quarter concerned, but with specific rider that same shall be in accordance with law. It has not been made known by the petitioner as to whether the order so passed by this Court was notified to the Election Commission of Pakistan or the contemnor being officer working with Election Commission of Pakistan for compliance because it was the petitioner who was to place such order before the concerned quarter. In absence of such proof, it would be hard to make the contemnor being officer working with the Election Commission of Pakistan to be liable for contempt proceedings for wilful disobedience to order of this Court. Be that as it may, the Election Tribunals to adjudicate the issue of rigging or otherwise in last General Election-2018 have already been constituted by the Election Commission of Pakistan. If the petitioner is having a feeling that the last General Election which he contested from PS-07 Shikarpur, was rigged or otherwise, then he may advance his grievance before the Election Tribunal having jurisdiction, if so is advised to him. Such remedy, if is exhausted by him would not only be alternate but adequate in the circumstances of the case.

8. In case of Ali Nawaz Mahar vs. Election Commission of Pakistan (Civil Petition No.3234/2018), vide order dated 13.08.2018, it has been observed by Honourable Supreme Court of Pakistan that;

“Consolidation of the result had already taken place and the petitioner has been notified as a returned candidate. Therefore, we do not find that the order of the learned High Court interfering in the matter and suspending the notification issued by the Election Commission of Pakistan declaring the petitioner as the returned candidate is sustainable. Resultantly, this petition is converted into an appeal and allowed and the impugned judgment is set aside. The respondent, if so advised, may avail the remedy available to him under the law”.

9. Above are the reasons of our short order dated 06.11.2018, whereby the instant contempt application was dismissed.

JUDGE