Case Details

Citation(s)
2016 SLG 1828 2016 SLD 1828 2016 SCP
Supreme Court of Pakistan
CIVIL PETITION No. 367-K OF 2016, 25/08/2016
MR., JUSTICE GULZAR AHMED AND MR., JUSTICE FAISAL ARAB, JJ

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Haji Khan Bhatti

VS

Province Of Sindh Through Provincial Election Commission And Others

Law:

Section:

Keywords: Result: Petition Dismissed/Leave Refused JUDGMENT FAISAL ARAB, J.- The petitioner was one of the candidates in the Local Government elections nominated on a reserved seat for District Council, Naushero Feroz. Upon scrutiny, the nomination papers submitted by the petitioner on 07.05.2016 were rejected by the Returning Officer vide order dated 11.05.2016 for the reason that the petitioner was an enrolled voter on the electoral rolls of the Municipal Committee, Moro, which is a Council located in the urban area of District Naushero Feroz and therefore cannot be nominated on a reserved seat of the District Council, which is constituted for the rural area of District Naushero Feroz. Against such decision, the petitioner appealed before the Appellate Authority. Before the Appellate forum, the petitioner's case was that to contest election on a reserved seat of District Council, the provisions of Sindh Local Government Act, 2013 impose no restriction that a candidate must be an enrolled voter of the rural area of the District. Petitioner's appeal before the Appellate Authority was dismissed on the same ground that prevailed with the Returning Officer i.e. the petitioner was not enrolled as a voter in any electoral roll of a Ward that falls in the rural area of the District Naushero Feroz. In reaching such conclusion, the Appellate Authority placed reliance on the provisions of Section 35 (1) (c) of the Sindh Local Government Act, 2013. Having failed to seek any relief from the Appellant Authority, the petitioner filed Constitution Petition before the High Court of Sindh. The High Court in its decision kept the distinction between the urban and rural areas of the District and held that the petitioner, a voter of a Council of an urban area, was not eligible to contest election on a reserved seat of District Council, which is constituted for the rural area only. Based on such reasoning the High Court dismissed the Constitution Petition vide impugned judgment dated 03.06.2016. Hence, this petition for leave to appeal. 2. The petitioner, who appeared in person, argued that irrespective of the fact that he is an enrolled voter of the Municipal Committee, Moro…
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