Law: Sindh Local Councils (Elections) Rules, 2013

Section: 35,18-A

(a) Sindh Local Government Act (XLII of 2013)--- ---Ss. 35 & 18-A---Election for the seat of Member District Council---Candidate being voter of Municipal Committee---Nomination papers, rejection of---Scope---Candidate being voter of Municipal Committee submitted nomination papers for the seat of District Council but same were rejected---Validity---Local Government representatives were closest to the communities as they had to work at grass root level---Purpose of local government was to empower such representatives of the people---If a candidate was a voter registered in an urban area then he could only be elected for Council falling within an urban area of a District including Town Committees and Municipal Committees---If a person was not registered in a Union Council or such other category of rural area then he was disqualified to represent a rural area irrespective of the fact that a candidate was a voter of the same district---Petitioner was not qualified to contest election of District Council which in fact comprised of rural area---Impugned orders did not suffer from any illegality or error---Constitutional petition was dismissed in circumstances. (b) Administration of justice--- ----What law did not permit directly could not be allowed to be achieved indirectly. Shahid Orakazi v. Pakistan through Secretary Law and another PLD 2011 SC 385 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD FAISAL KAMAL ALAM, JUSTICE:---.--- The Petitioner has assailed the decision dated 14.05.2016 of Respondent No. 2 (the Appellate Authority), who maintained the decision of Respondent No. 4 (Returning Officer) rejecting the nomination paper of the Petitioner to contest the forthcoming Election of District Council, Naushehro Feroze on the Seat reserved for Labourer. In the Petition, following relief has been claimed:- "(a) To set-aside the impugned order dated 14.05.2016 passed by the learned Appellate Authority/District Judge N/Feroze in Appeal No. 08/2016 "Re: Haji Khan Bhatti v. RO for Reserved Seat and others"; and to allow the petitioner for contesting the Election of the Members to the Reserved Seats for Labourer Seat of Member District/Zila Council". (b) To suspend the…

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