| Citation(s) |
|---|
| 2017 SLG 255 2017 SLD 255 2017 PLJ 30 |
Supreme Court of Pakistan
Civil Petition No. 367-K of 2016, decided on 25.8.2016. heard on: 2.8.2016
GULZAR AHMED, JUSTICE & FAISAL ARAB, JUSTICE
Mr. Adnan Karim, Addl. A.G. and Mr. Abdullah Hanjiah, Law Officer, ECP for Govt. of Sindh.
Civil Petition No. 367-K of 2016, decided on 25.8.2016. heard on: 2.8.2016
GULZAR AHMED, JUSTICE & FAISAL ARAB, JUSTICE
Mr. Adnan Karim, Addl. A.G. and Mr. Abdullah Hanjiah, Law Officer, ECP for Govt. of Sindh.
Haji KHAN BHATTI
VS
PROVINCE OF SINDH through Provincial Election Commission and others
Law:
Section:
Sindh Local Government Act, 2013---- --------S. 35(1)(c)----Distinction between urban and rural areas of District----Election of local government----Reserved seat for Distt. Council----Candidate was enrolled voter on electoral rolls of municipal committee----Candidate cannot be nominated on reserved seat of Distt. Council----Validity----Where a member is to be directly elected from ward of council then unless he is an enrolled voter of that ward he cannot be candidate from that particular ward----Where a member is to be indirectly elected on a reserved seat of council by its electrol college then unless he is an enrolled voter of any of wards falling within local limits of that council he would not be qualified to contest election, because every member who is to be indirectly elected on reserved seat of council should be an enrolled voter of area which falls with constituency of that very council----Held: No person can seek his election on reserved seat of council unless he is enrolled as a voter in electoral rolls of any of ward that fall within limits of such council----One who is not enrolled as a voter in any locality of council's constituency, cannot be regarded as a true representative of that council and, therefore, has not been allowed to be candidate for its reserved seat. Sindh Local Councils (Election) Rules, 2015---- --------R. 50(1)----Sindh Local Government Act, 2013, Ss. 35(1)(c)----Local Government election----Reserved seat for Distt. Council----Enrolled voter on electoral rolls of municipal committee----Cannot be nominated----Mandatory requirement----Constituency of council----Validity of candidature----A candidate on its reserved seat must be an enrolled voter of any of wards falling in rural area of District----Only such candidate would qualify to contest election on reserved seat and not one who is an enrolled voter of a council from urban area of District----Electoral college of any council does not enjoy liberty to nominate a person on its reserved seat who is not an enrolled voter of any of wards falling within local limits of such Council----Any nomination that is contrary to such a mode, would be in breach of provisions of Section…
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