ORDER SHEET

THE HIGH COURT OF SINDH CIRCUIT COURT AT LARKANA

Constt: Petition No.D-39 of 2024

Date	Order with signature of Judge

Present:

Mr.Justice Irshad Ali Shah.

Mr.Justice Jawad Akbar Sarwana.

1. For orders on office objection “A”.

2. For hearing of main case.
3. For hearing of M.A.No.141/2024 (S/A).

23.01.2024

Petitioner Shah Muhammad Zaman in person.

M/S. Asif Ali Abdul Razak Soomro, Safdar Ali Bhutto, Safdar Ali Ghouri, Ashfaque Hussain Abro and Ajmair Ali Bhutto, Advocate(s) for the respondent No.1.

Mr. Shafquat Rasool, Assistant Director (Law) for Election Commission of Pakistan a/w Abdul Wahid R.E.C, Division Larkana.

Mr. Ghulam Asghar Khichi, D.A.G, Pakistan.

Mr. Abdul Hamid Bhurgri, Addl.A.G, Sindh.

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1. Over-ruled.

2 & 3. It is contended by the petitioner that the private respondent being Chairman of one political party is contesting the election under the symbol of another political party, which is against the spirit of law, therefore, he be restrained from doing so, by this Court by way of instant constitutional petition.

It is contended by learned counsel for the other side that Pakistan Peoples’ Party and Pakistan Peoples’ Party Parliamentarians are in agreement with each other to use “Arrow” as common election symbol for their joint candidates and such arrangement was approved in past by Election Commission of Pakistan and more-so, the private respondent is not contesting the election from NA-194 Larkana or NA-197 Qamber and election activities relating to NA-127 Lahore could not be questioned before this Court for want of territorial jurisdiction. By contending so, they sought for dismissal of the instant constitutional petition.

Heard arguments and perused the record.

Admittedly, the petitioner is neither voter of either of the constituency, nor has he objected to allotment of “Arrow” as election symbol to the private respondent at the time of scrutiny of his nomination paper(s), who even otherwise, is not contesting the election from NA-194 Larkana or NA-197 Qamber which could have justified this Court to examine the allotment of “Arrow” as election symbol to him from such constituencies. Apparently, the election activities relating to NA-127 Lahore could not be questioned before this Court for want of territorial jurisdiction.

In view of above, the instant constitutional petition being misconceived is dismissed accordingly.

JUDGE