ORDER SHEET

THE HIGH COURT OF SINDH CIRCUIT COURT AT LARKANA

Constt: Petition No.D-41 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.145/2024 (S/A).        

23.01.2024

Barrister Shoaib Ali Khatian, assisted by Mr.Jahangir Shams for the petitioner.

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

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

Mr. Oshaque Ali Sangi, Asst.A.G, Pakistan

Mr. Shafquat Rasool Narejo, Assistant Director (Law) for ECP, Larkana a/w Returning Officer Muhammad Yasir.

Mr.Ashfaque Hussain Abro and Muhammad Afzal Jagirani, Advocate(s) for private respondent.

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1.                 Over-ruled.

2 & 3.                   The facts in brief necessary for disposal of instant constitutional petition are that the private respondent filed his nomination paper to contest election from PS-05 Kashmore-II; it was objected to be rejected by the petitioner for certain reasons; those were over-ruled by the Returning Officer concerned by making an observation that those have been filed after acceptance of the nomination paper; such rejection of his objections was impugned by the petitioner by filing an election appeal; it was dismissed by learned Election Appellate Tribunal; such dismissal of his appeal is impugned by the petitioner before this Court by preferring the instant constitutional petition.

                   It is contended by learned counsel for the petitioner that the private respondent has concealed his assets and objections to his nomination paper have not been considered by the Returning Officer concerned malafidely under the deception that those have been filed after its’ acceptance. By contending so, he sought for setting aside of the impugned order with direction to Returning Officer concerned to reject the nomination paper of the private respondent for filing incorrect statement with regard to his assets and compensation, awarded to him by National Highways Authority for acquiring his shops and hotel.

                   Learned counsels for the other side have sought for dismissal of instant constitutional petition by supporting the impugned order by contending that nothing has been concealed by the private respondent and compensation for the shops and hotel acquired by National Highways Authority has not yet been paid or acknowledged by him.

                   Heard arguments and perused the record.

                   The controversy with regard to filing of objections to the nomination paper before or after acceptance whereof and statement with regard to declaration of his assets by the private respondent being incorrect or otherwise, is involving factual controversy; same could not be resolved by this Court in exercise of its constitutional jurisdiction. Even otherwise, no illegality is noticed in impugned order, which may justify this Court to interfere with the same in exercise of its’ constitutional jurisdiction.

                   Consequent upon above discussion, the instant constitutional petition is dismissed, with no order as to costs.

JUDGE

    JUDGE