| Citation(s) |
|---|
| 2016 SLG 2981 2016 SLD 2981 2016 YLR 2451 |
Sindh High Court
Constitutional Petition No. 241 of 2016, decided on 12th February, 2016.
NADEEM AKHTAR, JUSTICE AND KHADIM HUSSAIN M. SHAIKH, JUSTICE
K. B. Lutuf Ali Leghari for Petitioners.
Constitutional Petition No. 241 of 2016, decided on 12th February, 2016.
NADEEM AKHTAR, JUSTICE AND KHADIM HUSSAIN M. SHAIKH, JUSTICE
K. B. Lutuf Ali Leghari for Petitioners.
MST. SHAHARBANO AND another.S
VS
CHIEF ELECTION COMMISSIONER AND 9 others.
Law:
Section:
(a) Sindh Local Council (Election) Rules, 2013---.--- ---.---R. 50---.---Nomination papers for reserved seats---.---Contention of petitioners was that nomination papers of candidates were not properly accepted---.---Validity---.---Petitioners could have availed the remedy by filing appeals against the decision of accepting nomination papers of candidates---.---Constitutional petition being not maintainable was dismissed in circumstances. (b) Constitution of Pakistan---.--- ---.---Art. 199---.---Constitutional jurisdiction, invocation of---.--- Requirement---.---Constitutional jurisdiction could be invoked only when there was no other remedy in the law or when remedy(ies) available have been availed and exhausted in accordance with law. THIS THIS THIS ORDER PASSED BY: PASSED BY:PASSED BY: KHADIM HUSSAIN M. SHAIKH, JUSTICE:---.------.--- Through this petition, the petitioners have called in question the decisions of the Returning-Officer/ respondent No.5 accepting the nomination forms of the respondents Nos.7 to 10 for the reserved seats of Town Committee Tando Bago and sought for rejection of their mination forms. 2. The learned counsel for the petitioners has contended that the respondent No.5 without proper scrutiny accepted the nomination forms of the respondents Nos.7 to 10, who per him, did not qualify to contest the elections for the reserved seats of Town Committee Tando Bago and as such, the decisions for accepting the nomination forms of respondents Nos.7 to 10 by the respondent No.5, are illegal and void, he, therefore, prays for rejection of nomination forms of respondents Nos.7 to 10. 3. We have heard the learned counsel for the petitioners and have examined the material available on record. 4. The schedule appended with the petition provides the dates and process of nomination forms, their scrutiny and appeals against the decisions of Returning Officer of accepting/rejecting nomination forms of candidates contesting elections for reserved seats of Town Committee Tando Bago, which reads as under:- S.NO ACTIVITY DATE 1. Public Notice to be issued by the Returning Officers on 18.01.2016 2. Filing of Nomination papers with the Returning Officers by the…
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