Case Details

Citation(s)
2016 SLG 2446 2016 SLD 2446 2016 SCMR 1970
Supreme Court of Pakistan
Civil Petition No. 367-K of 2016, decided on 28th August, 2016. Date of hearing: 2nd August, 2016. (On appeal against the judgment Dated 03.06.2016 passed by the High Court of Sindh, Sukkur in C.P. No. D-2199 of 2016)
GULZAR AHMED, JUSTICE AND FAISAL ARAB, JUSTICE
Adnan Karim, Additional A.G. and Abdullah Hanjiah, Law Officer, ECP for Government of Sindh.

HAJI KHAN BHATTI

VS

PROVINCE OF SINDH THROUGH PROVINCIAL ELECTION COMMISSION AND OTHERS

Law:

Section:

(a) Sindh Local Government Act (XLII of 2013)--- ----S. 35(1)(c)---Local Government elections---Members of District Council---Directly elected candidates---Reserved seat candidates---Eligibility for nomination---Mandate of S. 35(1)(c) of the Sindh Local Government Act, 2013 was that where a member was to be directly elected from a Ward of a Council then unless he was an enrolled voter of that very Ward, he could not be a candidate from that particular Ward, the reason being that in case of direct election on the basis of adult franchise, every Ward of a Council should have its own representative on the Council---Such was precisely the object with which Wards had been created---Where a member was to be indirectly elected on a reserved seat of a Council by its electoral college then unless he was an enrolled voter of any of the Wards falling within the local limits of that Council, he would not be qualified to contest the election, the reason being that every member who was to be indirectly elected on a reserved seat of a Council should be an enrolled voter of the area which fell within the constituency of that very Council---Representation on a reserved seat had to be from the local limits of that very Council and not from outside its area---No person could seek his election on a reserved seat of a Council unless he was enrolled as a voter in the electoral rolls of any of the Wards that fell within the limits of such Council---One who was not enrolled as a voter in any locality of Council's constituency, could not be regarded as a true representative of that Council and, therefore, had not been allowed to be a candidate for its reserved seat by virtue of the provisions of S.35(1)(c) of the Sindh Local Councils Act, 2013---Where a member was to be directly elected from a Ward, his enrollment in that particular Ward was a mandatory requirement and where a member was to be indirectly elected, his enrollment in the local limits of that very constituency of the Council was a mandatory requirement. (b) Sindh Local Government Act (XLII of 2013)--- ----Ss. 15(b)(ii) & 35(1)(c)---Sindh Local Councils (Election) Rules, 2015, R. 50(1)---Local Government…
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