ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Constitutional Petition No.D-721   of  2022.

Before:

Mr. Justice Adnan-ul-Karim Memon,

Mr. Justice Abdul Mobeen Lakho,

Petitioner                    :           Yasir Ali Channa. 

Respondents               :           Jaffar Hussain & 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 is a candidate for the seat of Member from Ward No.5 of Town Committee Sita Road, Taluka K.N. Shah, District Dadu. Respondent No.1 also filed his nomination form for the seat of Member from the same ward i.e. Ward No.5 of Town Committee Sita Road, which was accepted by the Returning Officer. We have been informed that the petitioner without filing an appeal before the District Election Tribunal has filed the instant petition, thereby challenging the acceptance of the nomination paper of respondent No.1.  

2.         Keeping in view the aforesaid point, we asked the learned counsel to satisfy this Court about the maintainability of the instant petition. The learned Counsel for the petitioner, inter alia, contends that respondent No.1 is not a registered voter of Ward No.5 of Town Committee Sita Road, therefore, he is not eligible to contest the elections, therefore this petition is maintainable and can be heard and decided on merits.The learned Assistant Attorney General as well as the learned Assistant Advocate General, supported the order of acceptance of the nomination form of respondent No.1 by the Returning Officer and submitted 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 given due consideration to the contentions of learned Counsel for the petitioner as well as the learned Asst. Attorney General and the learned Asst. Advocate General and have perused the material available on record. 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