IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA/

APPELLATE TRIBUNAL FOR 

General Seats in the National Assembly as well as Provincial Assembly of Sindh

of Larkana Division (NA-190 to NA-197) & (PS-01 to 17), constituted in

pursuance of sub-section (1) of Section 63 of the Elections Act, 2017,

by Election Commission of Pakistan, vide Notification No.F.2(7)/2023-Coord,

dated 24^th December, 2023).  

Election Appeal No. 12 of 2024.

Before:

Mr. Justice Muhammad Saleem Jessar.

Appellant       :           Muhammad Uris Khokhar.                                    

Respondents  :          Returning Officer PS-10, Larkana-I, & others.

            Mr. Muhammad Afzal Jagirani, Advocate for appellant.

            Mr. Abdul Hamid Bhurgri, Additional Advocate General.

            Mr. Oshaq Ali Sangi, Assistant Attorney General.

            Mr. Shafquat Rasool Narejo, Assistant Director (Law), Election Commission of Pakistan, Larkana Division.

Ms. Kainat Tufail Shaikh, Assistant Commissioner Ratodero (Returning Officer PS-10) General Elections-2024

Mr. Siraj Ahmed Soomro on behalf of Deputy Commissioner/ DRO Larkana.

Date of hearing         :           05.01.2024.

Date of order             :           05.01.2024.

ORDER

Muhammad Saleem Jessar, J.- Through this appeal, the appellant has called in question the order dated 28.12.2023 with regard to rejection of his nomination form for the seat of Member, Provincial Assembly of Sindh from PS-10, passed by respondent No.1 (Returning Officer), inter-alia on the ground that, the seconder submitted statement to the effect his signature on the form is fake and his CNIC was used by the candidate without his knowledge. 

            2.         On 04.01.2024 the learned counsel for the appellant placed on record an affidavit duly sworn-in by the seconder, namely, Raja Hussain, and stated that same may be considered as part and parcel of this appeal as well as nomination form of appellant. Per contents of this affidavit, the seconder denies to have stated before the Returning Officer that he did not act as seconder. He, therefore, submits that by entertaining the appeal, the impugned order may be set-aside and the appellant may be allowed to contest the Elections-2024.

            3.         On the other hand, learned law officer Election Commission of Pakistan files written statement of Returning Officer P.S-10 along with copy of statement of seconder Raja Hussain dated 28.12.2023, which is taken on record; copy whereof has been provided to the counsel for the appellant. Per statement, recorded by the seconder before the Returning Officer, he stated that he had not consented or signed the nomination form of the appellant and the appellant had used his C.N.I.C. Per statement of the Returning Officer present today, the seconder Raja Hussain on very first day did not bring his C.N.I.C., and sought time and therefore, again on following day, he was present and stated that his C.N.I.C. has been used by the appellant, hence he did not want to become his seconder. The assertion so made by the Returning Officer is being denied by the learned counsel for the appellant.

            4.         Learned Additional Advocate General, Sindh, learned Assistant Attorney General for Pakistan and learned Law Officer for Election Commission of Pakistan submit that the distinguishable facts cannot be decided by this Tribunal as it require evidence. Besides, if such practice is allowed, then everyone may come and file affidavit thereby entire system will be spoiled. In support of their contention, they placed their reliance on the case of Abdullah Vs. Shoukat reported in 2001 SCMR 60.

            5.         Admittedly, the seconder appeared and filed his statement in writing before the Returning Officer, stating therein that, he did not act as seconder of the appellant and that he has no knowledge about his nomination as seconder by the appellant and that his false signature was affixed on the nomination form of appellant. Moreover, the video clip brought by the Law Officer Election Commission of Pakistan has been played in Court, and it was visualized that the seconder appeared before the Returning Officer and categorically stated that he has no knowledge about the signature as well as CNIC and that these have been used by the appellant.

            6.         In view of the above position, the appellant seems to have not come with clean hands. Accordingly, instant election appeal being devoid of merits is hereby dismissed along with pending applications, if any.

                                                       Judge

Ansari