ORDERSHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR____.

Const.Petition No.D- 1319 of 2018

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DATE             ORDER WITH SIGNATURE OF JUDGE ________________________________________________________________

 

For hearing of case.

19-07-2018.

 

 

Mr.Nisar Ahmed Bhanbhro Advocate for petitioner.

Mr.  Muhammad Ali Nappar Advocate for respondent No.1.

 

Mr. Muhammad Aslam Jatoi, Assistant Attorney General.

Mr. Khuda Dino Sangi, Legal Advisor Election Commission of Pakistan, Sukkur Division a/w……,.

 

-.-.-.-.-.-

 

                        Through the instant constitution petition petitioner Shahbaz Ahmed Khan Lund has called in question order dated 26.06.2018 passed by learned Election Tribunal in Election Appeal No. S-120 of 2018 whereby appeal filed against acceptance of nomination paper of respondent No.1 was dismissed.

2.                     Brief facts leading to the filing of the petition are that respondent No.1 filed nomination form before respondent No.2 / Returning Officer to contest elections at NA-204 Ghotki-I. It appears that Returning officer accepted the nomination paper mainly for the following reasons:

            Carefully perused the nomination paper particularly form B, Affidavit on Oath as well as documents annexed in presence of his proposer and seconder. Candidature of the candidate was published on Notice Board, but no objection received from any quarter. Scrutiny Cell Islamabad sent reports which do not show that candidate is disqualified for any reason.

            Nomination form is accepted.”

 

3.                     Thereafter, petitioner filed appeal before Election Tribunal at Sukkur. After hearing learned counsel for the parties, appeal was dismissed by the learned Tribunal vide order dated 26.06.2018 while observing as under:

                        As per Section 63 Sub-section (i) of Election Act, 2017, the objections before the Returning Officer can be filed by any voter of the constituency if a candidate is voter he may file objection before the Returning Officer. If a candidate is not a voter of that constituency, he cannot file objection before the Returning Officer. However, in my humble view under Section 63(i) of Election Act, 2017, venue has been provided who is effected from the order of learned Returning officer. In any way no person who has not filed an objection or who is not an aggrieved candidate can file the appeal before the Election Tribunal. As far as the objections regarding concealment of fact are concerned, I am agreed that the learned counsel for the respondent No.1 that Clauses-k and m are two categories of different income, and the same have been dealt with in accordance with law. With these observations, instant appeal is dismissed.”

4.                     Learned counsel for respondent No.1, learned D.A.G and advocate appearing on behalf of Election Commission of Pakistan argued that the petitioner neither filed objections before the Returning Officer nor he was competent to file appeal before Election Tribunal, thus prayed for dismissal of petition.

5.                     We have carefully heard learned counsel for the parties and perused the relevant record.

 

6.                     It is a matter of record that at the time of acceptance of nomination paper no one had filed objections to the nomination paper of the respondent No.1. Rightly, it is argued by learned counsel for respondent No.1 that objections were not filed by the petitioner before Returning Officer. As regards to the assets and liabilities, counsel for respondent No.1 has satisfied the Court that all the assets and liabilities were disclosed by respondent No.1 in nomination paper and in affidavit. We have found no infirmity in the order of learned Election Tribunal. Thus, no interference is required by this Court. Moreover, counsel appearing for Election Commission of Pakistan has pointed out that General Elections 2018 are schedule to be held on 25.07.2018 and interference of this Court at this stage is not warranted. Reliance is placed upon the case of Ghulam Mustafa Jatoi vs. Additional Sessions Judge / Returning Officer NA-158 Naushehro Feroze and others, 1994 SCMR 1299  and 2003 M L D 607 Haji Khuda Bakhsh Nizamani vs. Election Tribunal and others.

7.                     In view of the above, instant const. petition is without merit and the same is dismissed.

 

 

                                                                         JUDGE

 

                                                                        JUDGE

 

                                                                            

Irfan/PA.