ORDERSHEET
IN THE HIGH COURT OF SINDH BENCH AT SUKKUR____.
Const.
Petition No. D- 1224 of 2018
_________________________________________________________________
DATE ORDER WITH SIGNATURE
OF JUDGE ________________________________________________________________
1.
For
orders on office objection ‘A’.
2.
For hearing of main case.
19-07-2018.
Mr. J K Jarwar Advocate
for petitioner.
M/S Muhammad Aslam Jatoi Assistant
Attorney General and Khuda Dino Sangi for Election Commission of Pakistan.
-.-.-.-.-.-
Through the instant constitution petitionBijarKhan has called in question
order dated 11.06.2018 passed by learned District & sessions Judge /
District Returning Officer Khairpur. Impugned order is reproduced as under:
“ Applicant / Objector namely
Bijar Khan has raised objections on transfer / change of polling station
Government Boys School TurpioWandh to Govt. Boys School Khan Muhammad Khemtio
or Government Middle School Sher Muhammad Punjabi.
Heard objector, his advocate /objector and perused the relevant
record. The proposed polling station in Government Boys School Khan Muhammad
Khemtio is situated at the considerable distance from 1 km from population,
having no facilities one room and out of reach of voters as such it would be
inconvenient for the voters to cast vote and Government Middle School Sher
Muhammad Punjabi polling already polling station. The proposal of polling
station Government Boys School Khan Muhammad Khemtio is not justified, hence
polling station in Government Boys School TurpioWandh having all facilities,
including water, complete compound wall 02 rooms already established should
shall remain intact for the forthcoming General Elections-2018.”
2. It
appears that objections were raised by applicant Bijar Khan on the change of Polling
Station Government Boys School TurpioWandh to Government Boys School Khan
Muhammad Khemtio or Govt. Middle School Sher Muhammad Punjabi. Learned D.R.Oafter
hearing the applicant / objector came to the conclusion that proposal of
Polling Station Govt. Boys School Khan Muhammad Khemtio is not justified. It
was further observed that polling station in Government Boys School TurpioWandh
has all facilities including water, complete compound wall and rooms. Finding
of the D.R.O appears to be reasonable and justified and requires no
interference. We have been informed by the counsel appearing for Election
Commission of Pakistan that lists of polling station has already been finalized
and published in official gazette and website on Election Commission of
Pakistan. No case for interference is made out. Petition is without merit and
the same is dismissed.
JUDGE
JUDGE
Irfan/PA.
petitioner Khan Muhammad Sharhas called in question
order dated 09.06.2018 passed by learned District Returning OfficerKhairpur,
whereby DROfound objections of the objector justified and polling station was
ordered to be shifted to GPS Nawab Khan Rind.
2. Notices
were issued against the respondents as well as DAG.
3. Learned
counsel for petitioner argued that he is resident of village Nek MuhammadShar
and voter of constituency NA-209 Khairpur-II. It is submitted that D.R.O has
shifted polling Government Primary School Nek Muhammad Shar to Government Boys Primary
School Nawab Khan Rind without any legal justification. It is further submitted
that inconvenience would be caused to the voters of the area by such decision
of D.R.O.
4. Learned
D.A.G supported the orders of D.R.O, Representative of the Election Commission
of Pakistan is present and submits that list of polling stations has already
been finalized and notified in the official gazette and website of Election
Commission of Pakistan.
5. We
have found that petitioner failed to adopt legal course available to him under
sub-section 8 of section 59 of Election Act 2017. List of Polling stations of
the constituency has already been finalized as reported by Regional Election
Commissioner Sukkur. Moreover D.R.O has assigned sound reasons for shifting the
polling station to GPS Nawab Khan Rind. Finding of D.R.O requires no
interference. Petition is without merit and the same is dismissed.
JUDGE
JUDGE
Irfan/PA.