ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Constitutional Petition No.D-716   of  2022.

Before:

Mr. Justice Adnan-ul-Karim Memon,

Mr. Justice Abdul Mobeen Lakho,

Petitioner                    :           Asif Ali Qambrani. 

Respondents               :           Abdul Latif & 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.-The petitioner has assailed the vires of the acceptance of the nomination form of respondent No.1 by the returning officer, for the seat of Member from Ward No.1 of Town Committee Sita Road, Taluka K.N. Shah, District Dadu, inter alia, on the ground that respondent No.1 is not a registered voter of Ward No.1 of Town Committee Sita Road, therefore, he is not eligible to contest the elections from said ward. 

2.         The objection of the learned Asst. Attorney General as well as the learned Asst. Advocate General, was that the petitioner is not an aggrieved person within the meaning of Article 199 of the Constitution as he has not filed any objection to the nomination papers of respondent No.1. They also, supported the order of acceptance of the nomination form of respondent No.1 by the Returning Officer and submit that the petitioner has not availed the remedy of filing election appeal before the District Election Tribunal, therefore, the petition is misconceived and liable to be dismissed.

3.         We have heard the learned counsel for the parties at length and with their valuable assistance have also examined the material available on record.

4.         Primarily, in cases involving a finding of fact about the disqualification of a contesting candidate in election matters, such finding must be based on affirmative evidence and not on presumptions, inferences, and surmises. It is settled law that even in civil proceedings, a finding of fact must be based on positive and affirmative evidence.

5.         In the present matter, no material has been placed on record to suggest that respondent No.1 suffers from inherent disqualification to contest the ensuing election, thus no case for interference is made out in the light of Section 37 of Sindh Local Government Act, 2013.

6.         In view of the above facts and circumstances of the case, the instant petition is devoid of merit and is accordingly dismissed with no order as to costs.

                                                                                                             Judge

                                                                                          Judge