Law:

Section:

THIS JUDGMENT DELIVERED BY: MIANGUL HASSAN AURANGZEB, JUSTICE:---.--- Through the instant writ petition, the petitioner, Abdul Latif, impugns the order dated 20.06.2017, passed by the Election Commission of Pakistan (respondent No. 1), whereby, respondent No. 2's application seeking the petitioner's disqualification as a Member of the Municipal Committee Gambat, District Khairpur Miras, Sindh, was accepted, and the petitioner's notification as a returned candidate from Ward No. 10, Municipal Committee Gambat, was withdrawn. 2. The facts essential for the disposal of this petition are that on 31.10.2015, the petitioner contested the local body elections for the seat of Member, Municipal Committee Gambat from Ward No. 10. The petitioner was declared as the returned candidate. 3. On 17.01.2017, respondent No. 2 (Khalid Hussain) was elected as the Chairman of the Municipal Committee Gambat. In March, 2017, respondent No. 2 filed an application under Section 36(2) of the Sindh Local Government Act, 2013 ("the Sindh L.G. Act") read with section 103AA of the Representation of People Act, 1976 ("R.O.P.A.") before respondent No. 1, praying for the petitioner's disqualification as a Member of the Municipal Committee Gambat on the ground that since the petitioner was under a contract for the supply of goods to the Municipal Committee Gambat, and had obtained pecuniary benefits from 2012 to 2016, he was disqualified in terms of Section 36(1) of the Sindh L.G. Act from being elected as a Member of the Municipal Committee Gambat. 4. Respondent No. 2's case before respondent No. 1 was that after the former assumed the charge of office of the Chairman, Municipal Committee Gambat on 25.01.2017, he came to know, upon scrutinizing the available record that since 2012 to 2016, different contracts were awarded to 'Rehman Manufacturers' (which was admittedly owned by the petitioner) and bills to the tune of millions of rupees were paid to the petitioner; that under Section 36(1)(i) of the Sindh L.G. Act, a person shall be disqualified from being elected or chosen as a Member of a Council, if he is under contract for work to be done or goods to be supplied to the Council or has…

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