ORDER SHEET
IN THE HIGH
COURT OF SINDH BENCH AT SUKKUR
Constitutional Petition No. D – 615 of 2022
|
Date of hearing |
Order
with signature of Judge |
Hearing of case
1.
For hearing on CMA No.2481/2022
(Stay Application)
2.
For hearing of main case
16.06.2022
Mr. Sundar Khan Chachar, Advocate for the Petitioners.
Mr. Ali Asghar K. Panhyar, Advocate for Respondents
No. 9
Mr. Muhammad Rehan Khan Durrani, Advocate for
Respondent 10.
Mr. Ali Raza Pathan, D.A.G.
Mr. Ali Raza Balouch, A.A.G.
Mr. Zeeshan Haider Qureshi, Law Officer, ECP.
.-.-.-.-.-.-.-.-.-.-
ZAFAR AHMED RAJPUT, J.– Petitioners Arz Muhammad and Fida Hussain filed
their nomination papers in Form-II-(A) separately to contest Local Council
Elections-2022 for the seats of Chairman and Vice-Chairman, respectively, of Union
Council No.15, Saleh Mahar, Taluka & District Ghotki, which were rejected by
the Returning Officer/respondent No.7, vide order
dated 18.05.2022, on the ground that the same were to be filed jointly. Against
that order, the petitioners preferred Election Appeal No. 08/2022, which was also
dismissed by the Appellate Authority, vide order dated 26.05.2022. It is
against those orders, that the instant Const. Petition under Article 199 of the
Constitution of the Islamic Republic of Pakistan, 1973 has been preferred by
the petitioners.
2. Learned counsel for the petitioners
contends that filing of separate nomination papers in Form-II-(A) by the
petitioners was not a mistake of substantial nature; hence, the respondent No.7
ought to have accepted the same, while the Appellate Authority failed to
appreciate such position and passed the impugned order, which is not
sustainable in law.
3. Conversely, learned counsel for the
respondents No.9 & 10, D.A.G.,
A.A.G. and Law Officer of E.C.P fully support the impugned orders.
4. Heard, record
perused.
5. It may be observed that sub-section (2)
& (5) of Section 18 of the Sindh Local Government Act, 2013 provide
election to the Chairman and Vice-Chairman for Union Committees in urban area
and Union Councils in the rural area as joint candidates. Under Rule 16 of the Sindh
Local Councils (Election) Rules, 2015, the Returning Officers invite nomination
of Chairman and Vice-Chairman as joint candidates by a nomination paper in Form
II-(A) duly signed by them as well as their proposer and seconder. Hence, the
law provides filing of nomination papers by the candidates to contest election
of the Chairman and Vice-Chairman in a Form II-A jointly as mandatory
requirement.
6. In the instant case, it is an admitted
position that the petitioners have filed their nomination papers in Form II-(A)
separately with different proposers and seconders, with the result that the
proposer and seconder of the petitioner No.1 have only proposed and seconded him
for the seat of Chairman of subject U.C., as they have not proposed and
seconded to petitioner No.2 for the seat of Vie-Chairman and vice versa. The very
defect of filing of nomination papers separately by the petitioners with distinct
proposers and seconders was a defect of substantial nature; hence, the
respondent No.7 rightly rejected the same.
7. For the foregoing facts and reasons, we
have found no illegality or irregularity in the impugned orders requiring any
interference by this Court in its Constitutional jurisdiction. Accordingly, instant
petition is dismissed along with listed
application, with no order as to costs.
JUDGE
JUDGE
Abdul Basit