ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Constitutional Petition No.D-719   of 2022.

Before:

Mr. Justice Adnan-ul-Karim Memon,

Mr. Justice Abdul Mobeen Lakho,

Petitioner                    :           Aftab Hussain Solangi. 

Respondents               :           Abdul Rehman Solangi & others.

Mr. Mohammad Afzal Jagirani, advocate for the petitioner.

Mr. Mohammad Imran Abbasi, Asst. Attorney General.

Mr. Munawar Ali Abbasi, Asst. Advocate General. 

Date of hearing          : 19.07.2022.

Date of order              : 19.07.2022.

O R D E R

ADNAN-UL-KARIM MEMON, J.-Through the instant constitution petition petitioner has called in question the vires of the order passed by the returning officer accepting the nomination papers of respondents No.1 and 2,for the seat of Member from Ward No.2 of Town Committee Sita Road, Taluka K.N. Shah, District Dadu, inter alia, on the ground that the respondents No.1 and 2 are not registered voter of Ward No.2 of Town Committee Sita Road, therefore, they are not eligible to contest the elections from said ward. 

2.         During arguments, we have been informed that the petitioner, has filed the instant petition, directly, without exhausting the remedy of statutory election appeal before the District Election Tribunal, thereby challenging the acceptance of nomination papers of respondents No.1 & 2, on the aforesaid plea, we enquired from the learned Counsel, whether any objection to the nomination papers of the private respondents was submitted, the answer is in negative. The learned Asst. Attorney General as well as the learned Asst. Advocate General, supporting the order of acceptance of nomination forms of respondents No.1 & 2 by the Returning Officer, submit that the petitioner has not availed the remedy of filing an election appeal before the District Election Tribunal, therefore, the petition is misconceived and liable to be dismissed.

3.         We have carefully considered the issue of maintainability in light of the submissions made by learned counsel for the parties.

4.         Primarily, the scheme of the electoral laws and conduct of election accordingly appears to be that any matter arising out qualification and disqualification of candidates in the election process should be brought up only at the appropriate stage in an appropriate manner before the Election Tribunal; and,  nothing has been brought on record to suggest that the private respondents are suffering from any inherent disqualification to contest the election; besides the issue raised in the instant petition has already been settled so far as contesting the election is concerned, more particularly in terms of section 37(2) (b) of Sindh Local Government Act, 2013.

5.         From the perusal of the above provision including Sub-Section 2(b) and the Proviso thereof, it reflects that in case a Candidate is contesting for membership of Town Committee or Municipal Committee, he can contest the same from any ward of the respective Committee; however, it is subject to that the proposer and seconder, as the case may be, shall be registered voters of the concerned Union Council or ward. Besides Section 35 (1) (c) is also clear in its terms, which resolves the controversy at hand thus no further indulgence of this Court is required.

6.         In the light of the legal position of the case, the instant petition is held to be not maintainable and is accordingly dismissed with no order as to costs.

                                Judge

                                                                                          Judge