Case Details

Citation(s)
2016 SLG 2209 2016 SLD 2209 2016 YLR 719
Sindh High Court
C.P. No. D-3986 of 2015, decided on 03-11-2015.
AQEEL AHMED ABBASI, JUSTICE AND GHULAM QADIR LEGHARI, JUSTICE
Achar Khan Gabole for Petitioner. Illahi Bux Jamali for
Respondent No.6. Noor Hassan Malik Asst. A.G. for the State.

GHULAM ZAKRIYA

VS

. ELECTION COMMISSION OF PAKISTAN THROUGH SECRETARY AND 5 OTHERS Mian Mumtaz Rabbani DAG.

Law:

Section:

Sindh Local Councils (Election) Rules, 2013--- ----R. 20----Withdrawal of candidature after due date---Legality---Petitioner, and respondent, filed joint nomination papers for post of Chairman---Returning Officer accepted application of respondent for withdrawal of his nomination papers even after date of expiry of date of withdrawal---Contention raised by petitioner was that respondent had been put under pressure by the ruling political party to withdraw his nomination, and signatures on the withdrawal application had been obtained forcibly---Counter affidavit was filed to support said contentions of petitioner---Validity---Factual controversy involved in the present case was undisputed---Respondent had categorically stated before the court that he wanted to contest the elections---Respondent had withdrawn his nomination papers and Returning Officer had passed order of withdrawal, after expiry of given date for withdrawal of nomination papers---Said withdrawal was, therefore, of no legal consequence---High Court, setting aside impugned order of withdrawal, restored nomination papers filed by parties---Constitutional petition was allowed accordingly. THIS ORDER PASSED BY: AQEEL AHMED ABBASI, JUSTICE:------------- Through instant petition, the petitioner Ghulam Zakriya who has filed joint nomination form for the post of Chairman along with respondent No.6, Shahid Hussain for the post of Vice Chairman in respect of Union Council Bhanbhri taluka and district Naushehro Feroze, has impugned the order dated 11.10.2015 passed by Returning Officer, on the nomination form by accepting the application of the respondent No.6, for withdrawal of his nomination, resultantly the entire joint nomination of petitioner and respondent No.6, has been withdrawn without notice to the petitioner. Learned counsel for the petitioner submits that petitioner and respondent No.6, filed their joint nomination after complying with all the codal formalities according to rules which was duly accepted by the Returning Officer, however, the members of the ruling party by exerting pressure upon the respondent No.6, forced him to sign the application for withdrawal of his nomination from, which…
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