Law: Sindh Local Government Act, ( XLII of 2013)

Section: 54

Law: Sindh Local Councils (Elections) Rules, 2013

Section: R.60,61,62

Sindh Local Government Act (XLII of 2013)--- ----S. 54---Sindh Local Councils (Election) Rules, 2013, Rr.60, 61 & 62---Failure to serve copies of election petition---Appellant assailed election of Local Council but petition was dismissed by Election Tribunal---Validity---Copies of election petition were not served upon respondents particularly the contesting respondent as required under R.61 of Sindh Local Councils (Elections) Rules, 2013---Even polling agents who were easily ascertainable and identifiable were not made as respondents otherwise their version would have also come on record---High Court declined to interfere in the findings of Election Tribunal regarding maintainability of election petition as same was neither contrary to record nor had violated any provision of law and was unexceptionable---High Court declined to examine other issues as issue of maintainability was decided against the appellant---Appeal was dismissed in circumstances. Zia Ur Rehman v. Syed Ahmed Hussain and others 2014 SCMR 1015; Muhammad Ameen and another v. Jawaid Ali and 5 others 2017 YLR Note 429, p. 309; Jam Javed Ahmed Khan Dahar v. Haji Muhammad Akbar and 14 others (Appeal No.03 of 2017); Mst. Nur Jehan Begum v. Syed Mujtaba Ali Naqvi 1991 SCMR 2300; Abdul Hakeem v. Federation of Pakistan through Secretary Election Commission of Pakistan Islamabad and 7 others (Election Appeal No.29 of 2016) and Tariq Hussain Kubar v. Subhab Ali and others (Election Appeal No.41 of 2016) ref. THIS JUDGMENT DELIVERED BY: MUHAMMAD FAISAL KAMAL ALAM, J--- Through this Appeal, the Appellant has questioned the decision dated 08.12.2016 of the learned Election Tribunal passed in the Election Petition No.17 of 2015, in which the decision of the Election Commission of Pakistan (ECP - Respondent No.12) about notifying the present Respondent No.14 as the returned candidate on the seat of General Councilor of Ward No.4, Municipal Committee Gambat, District Khairpur, was challenged. 2. Undisputedly, the Appellant and private Respondents contested the election held under the Sindh Local Government Act, 2013 ("SLGA"). 3. The Official Respondents and private Respondent No.14 (the returned candidate)…

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