| Citation(s) |
|---|
| 2016 SLG 3614 2016 SLD 3614 2016 MLD 1464 |
Sindh High Court, Sukkur Bench
AQEEL AHMED ABBASI, JUSTICE AND GHULAM QADIR LEGHARI, JUSTICE
Ghulam Mujtaba Sahito for Petitioner (in C.P. No. D-4088 of 2015). Shaikh Amanullah for Petitioner (in C.P. No. D-4145 of 2015). Syed Jaffar Ali Shah for Petitioner (in C.P. No. D-4156 of 2015). Zulfiqar Ali Sangi, Assistant Advocate General.
AQEEL AHMED ABBASI, JUSTICE AND GHULAM QADIR LEGHARI, JUSTICE
Ghulam Mujtaba Sahito for Petitioner (in C.P. No. D-4088 of 2015). Shaikh Amanullah for Petitioner (in C.P. No. D-4145 of 2015). Syed Jaffar Ali Shah for Petitioner (in C.P. No. D-4156 of 2015). Zulfiqar Ali Sangi, Assistant Advocate General.
MUHAMMAD YOUSIF - ER
VS
FEDERATION OF PAKISTAN THROUGH ELECTION COMMISSION OF PAKISTAN ISLAMABAD AND ANOTHER - --RespondentS
Law:
Section:
Sindh Local Councils (Election) Rules (2013)--- ----- --------- Rs. 52, 18, 16 & 8--------Delimitation of electoral units---Nominations for election---Scrutiny of nomination papers --------- Petitioner contended that their nomination papers had been rejected after their proposers and seconders had been placed in a different Electoral Unit (Constituency) as result of delimitation by election Commission subsequent to filing of their nomination papers---Validity--¬-Petitioner had filed their Nomination Papers after complying with all codal formalities as per election schedule on basis of Final Electoral Roll, and no defect or objections existed with regard to validity of the same---Defect in question had occurred subsequently on account of said changed circumstances, which were beyond control of petitioners --------- Petitioners could not be deprived of their right particularly fundamental right, to contest election as guaranteed by Constitution, on basis of some technicalities or fault on part of Election Commission and Returning Officer---High Court directed authorities to allow petitioners to substitute Chairman and Vice Chairman or proposer and seconder of the same Electoral Unit where their Nomination Forms had been transferred---Constitutional petition was allowed in circumstances. THIS ORDER PASSED BY: AQEEL AHMED ABBASI, JUSTICE:------------------ The above petitions are being disposed of with common order as the controversy involved in these petitions is common. The issue agitated before us, through instant petitions, is that when the petitioners filed their Nomination Papers as per final electoral list in respect of various constituencies, the candidates and their proposers and seconders were of the same Electoral Unit (Constituency), however, after having submitted their Nomination Papers before the Returning Officers, which were otherwise complete and correct in all respects and there was no deficiency in such Nomination Papers. in view of delimitation by the Election Commission of Pakistan, pursuant to orders passed at Principal Seat by the Division Bench of this Court headed by Hon'ble Chief Justice in C.P. No. D 4407/2015 and several others, a…
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