Law:

Section:

Sindh Local Government Act (XLII of 2013)--- ----S. 54---Limitation Act (IX of 1908), S. 5---Appeal---Condonation of delay---Appellant sought condonation of delay of 4 days in filing of appeal against final order passed by Election Tribunal---Validity---Provisions of S.5 of Limitation Act, 1908 were not applicable to the appeals filed under S.54 of Sindh Local Government Act, 2013, which itself specifically provided period of limitation for filing of appeal to High Court against a final order passed by Election Tribunal---Appeal was filed on 30-11-2016, i.e., after 32 days of receiving of copy of in question and 34 days of passing and appeal was barred by 4 days---Ground urged by appellant was absurd and vague in nature and could not be a ground for appellant to seek condonation of delay for 4 days in filing appeal even in a case attracting provisions of S.5 of Limitation Act, 1908 as delay of each and every day with justification was to be explained---High Court declined to condone delay in filing of appeal---Appeal was dismissed in circumstances. Messrs S. Malik Traders and another v. Saudi PAK Leasing Company Ltd. 2009 CLD 171 and Allah Dino and another v. Muhammad Shah and others 2001 SCMR 286 ref. THIS ORDER PASSED BY: KHADIM HUSSAIN M. SHAIKH, JUSTICE:---.--- This appeal is directed against the Judgment dated 25.10.2016, passed by the Election Tribunal in Election Petition 12/2015 re-Abdul Sattar and others v. Provincial Election Commissioner Sindh and others, whereby the aforesaid Election petition was dismissed. 2. Record reflects that the instant appeal was filed on 30.11.2016 i.e. after 34 days of the impugned judgment dated 25.10.2016 although subsection (1) of Section 54 of the Sindh Local Government Act, 2013, provides period of thirty days for filing the appeal by any person aggrieved by a final order, passed by a Tribunal, to the High Court. For the sake of convenience Section 54 of the Act, 2013 is reproduced here:- 54. Appeal against the orders of Tribunal.--- (1) Any person aggrieved by a final order of a Tribunal may, within thirty days of the communication of such order, prefer an appeal to the High Court. (2) .. 3. Learned counsel for the…

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