ORDER SHEET
THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANO
APPELLATE ELECTION TRIBUNAL
Election Appeal No. S- 01 of 2024
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Date |
Order with signature of Judge |
1. For orders on office objection-A.
2. For hearing of main case.
08.01.2024.
Messrs Ebrahim Saifuddin and Sher Ali Jatoi, Advocate for the appellant.
Mr. Ghulam Asghar Khichi, Deputy Attorney General for Pakistan
Mr. Abdul Hamid Bhurgri, Additional Advocate General, Sindh,
Mr. Shafqat Rasool, Asstt. Director (Law), Election Commission of Pakistan, a/w Irshad Ali Kamalani, ADC-I/Returning Officer, N.A-190, Jacobabad.
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O R D E R
Muhammad Saleem Jessar, J.- Through instant appeal, the appellant has assailed the acceptance of nomination papers of Respondent No.2, on the ground(s) that he has not disclosed certain accounts being maintained by him in various Banks as well as a complaint registered against him by one Maliha Malik. He therefore, submits that the respondent has not come with clean hands; hence being proposed representative of the area is not entitled to contest the Elections, as he is not Saadiq and Ameen. Learned Counsel for the appellant submits that by granting instant appeal the nomination papers submitted by respondent No.2, may be rejected. He however admits that the F.I.R, in which complainant intended to array the respondent No.2 as accused, was not showing the respondent to be nominated accused; however, later she filed direct complaint which was brought on record and later-on he stood acquitted in terms of Section 265-K Cr.PC. Even, the appellant is not in a position to pinpoint the accounts which have not been disclosed by the respondent No.2 showing the name of Banks or authority in a manner in which the bank statement should have been issued.
On the other hand, learned counsel for the respondent No.2 filed his objections as counter-affidavit, copy whereof has been provided to the counsel for the appellant in court. Learned counsel for the respondent submits that the respondent has disclosed all the facts as well as accounts being maintained by him. As far as question of his not disclosing the fact of Direct Complaint is concerned, he was not nominated in F.I.R and later he was arrayed as accused by the complainant through a Direct Complaint in terms of section 200 Cr.PC and after bringing the case on file he was acquitted under section 265-K Cr.PC, hence at the moment he is no more accused in any criminal case. He further submits that so far the land allegedly purchased by the respondent No.2 from Mst. Saeeda Bal0ch, the appellant has not adduced registered sale deed in support of his contention; however, he submitted investigation report of I.O of NAB, who too, in his investigation did not adduce the document showing registered sale deed to have been executed by Mst. Saeeda Balch in favour of respondent No.2.
Assistant Director (Law), Election Commission of Pakistan submits that the appellant did not raise objection before the Returning Officer and at this juncture he has no competency to maintain this appeal which, in view of above legal position, cannot be entertained.
Since the appellant has neither raised any objection before the Returning Officer at the time of scrutiny nor he has adduced any document showing the anxiety over the nomination papers of the respondent No.2 and at this juncture, which is belated one, such assertion cannot be acceded to. Accordingly and in view of above, instant appeal merits no consideration which is hereby dismissed.
J U D G E
S-Ashfaq/*