ORDERSHEET
IN THE HIGH COURT OF SINDH BENCH AT SUKKUR____.
Const.Petition
No.D- 1301 of 2018
_________________________________________________________________
DATE ORDER WITH SIGNATURE
OF JUDGE ________________________________________________________________
1.
For orders on office objection at Flag
‘A’.
2.
For hearing of main case.
19-07-2018.
Mr.ShahzadoDreho Advocate
for petitioner.
M/S Muhammad AslamJatoi Assistant
Attorney General and Khuda Dino Sangi for Election Commission of Pakistan.
-.-.-.-.-.-
Through the instant constitution petition petitioner has called in
question order dated 26.06.2018 passed by learned Election Tribunal in Election
Appeal No.37/2018 whereby appeal was dismissed.
2. Notices were issued
against the respondents as well as D.A.G.
3. Learned
counsel for petitioner submits that nomination paper was filed by petitioner
Shoukat Ali before R.O PS 24Sukkur-III and it was rejected by the Returning
Officer without application of judicial mind only on the ground that proposer
KhurramNaeem belongs to constituency No.25. It is further argued that learned
Election Tribunal has also not considered the legal and factual aspects of the
case and rejected the appeal.
4. Counsel
for petitioner submits that constitutional right of the petitioner is involved
and the order of the Returning Officer as well as Election Tribunal have been
passed on technical grounds.
5. Learned
Assistant Attorney General and counsel appearing on behalf of Election
Commission of Pakistan submits that it is requirement of the law that proposer
and seconder must be of that constituency where the candidate filed his
nomination paper. Reference has been made to the Section 60 of the Elections
Act-2017.
6. In
order to appreciate the contention of learned counsel for the parties, Section
60 of the Elections Act 2017 is reproduced as under:
“ Any voter of a
constituency, may propose or second the name of any qualified person to be a
candidate for Member for that constituency
“
7. It
is clear in Section 60 Elections Act,2017wherein it is mentioned that any voter
of the constituency may propose or second the name of any qualified person to
be a candidate for Member of that constituency but in the
present case as reflected from the order of R.O proposer KhurramNaeem belongs
to the constituency PS-25. Learned Election Tribunal carefully heard arguments
and came to the conclusion that proposer KhurramNaeem does not belong to the
same constituency. After filing of the nomination paper at subsequent stage it
has been observed that appellant cannot be permitted to change his proposer or
seconder. We agree with the finding of the Election Tribunal and found that
there is no substance in the petition and the same is dismissed.
JUDGE
JUDGE
Irfan/PA.