Law:

Section:

(a) Sindh Local Government Elections Rules, 2005--- ----R. 65---Constitution of Pakistan (1973), Arts. 225 & 199---Constitutional petition---Maintainability---Adequate remedy, non-availability of---Rejection of nomination papers, a pre-election grievance---No role of Election Tribunal has been prescribed as a pre-election forum, as appeal against the order of Returning Officer has been provided before the District Returning Officer and thereafter the law has not created any other forum---Effect---If no forum is available, which is evident from the opening words of Art. 199 of the Constitution, to the effect that, if the High Court is satisfied that no other adequate remedy is provided in law, it shall have the jurisdiction to issue an appropriate writ under Art. 199 of the Constitution---Election petition after the conclusion of election before the Election Tribunal, is not always an adequate remedy and consequently, a Constitutional petition challenging the acceptance or rejection of nomination papers is maintainable---Principles stated. The election petition is to be filed before the Election Tribunal after an election is held and by any person who is aggrieved with the result of elections or any other matter pertaining to the qualification or disqualification of any candidate or conduct of the elections. Election Tribunals are appointed after the result of elections are declared and the election is concluded. In the present case at this stage, admittedly, there is no existence of any Election Tribunal and therefore, a party aggrieved by the order passed by the District Returning Officer, cannot be asked to approach a non-existent Tribunal. In the present case, of course, the remedy can be availed after the election is held and candidates are declared elected, but there are large number of cases in which the nomination papers have been rejected, either by the Returning Officer and District Returning Officer, both or by the District Returning Officer in appeal. If in such cases a view is taken that a person aggrieved with the order passed by District Returning Officer can approach the Election Tribunal only through an election petition, such persons whose…

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