Case Details

Citation(s)
2019 SLG 1437 2019 SLD 1437 2019 YLR 1357
Sindh High Court
Election Appeal No. S-10 of 2015, decision Dated: 16-02-2018. Hearing Dated: 20-01-2017.
NADEEM AKHTAR, JUSTICE
Petitioner(s) by: Ali Asghar K. Panhyar
Respondent(s) by: Aushaq Ali Sangi, Assistant Attorney General

MUHAMMAD ZAMAN

VS

FEDERATION OF PAKISTAN THROUGH CHIEF ELECTION COMMISSIONER OF PAKISTAN, ISLAMABAD AND 5 OTHERS

Law: Representation of the People Act, 1976

Section: 14(5)

Law: Sindh Local Councils Elections Rules, 2015

Section: R.61,61(b),62,62(3),64

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

Section: 47,54

(a) Representation of the People Act (LXXXV of 1976)--- ----S. 14(5)---Sindh Local Government Act (XLII of 2013), Ss. 47 & 54---Sindh Local Councils Elections Rules, 2015, Rr. 61, 62 & 64---Election petition filed by appellant was dismissed by Election Tribunal on grounds that notice was not served personally or by courier or by registered post upon respondents who were joined by him in his election petition---Validity---Appeal was filed against final order of Election Tribunal constituted under S. 47 of Sindh Local Government Act, 2013 for trial of election petitions and election petition filed by appellant was dismissed being barred by Rr. 61(b) & 62(3) or Sindh Local Councils Election Rules, 2015---Appellant was supposed to have filed appeal under S.54 of Sindh Local Government Act, 2013---High Court declined to interfere in order passed by Election Tribunal as dismissal of appellant's election petition for non-compliance of mandatory provisions of Rr. 61(b) & 62(3) of Sindh Local Councils Elections Rules, 2015 was fully justified---Appeal was dismissed in circumstances. Shaukat Ali v. Ghulam Qadir and others 1986 CLC 838; Lt.-Col. (Rtd.) Ghazanfar Abbas Shah v. Mehr Khalid Mehmood Sargana and others 2013 SCMR 1585; Zia ur Rehman v. Syed Ahmed Hussain and others 2014 SCMR 1015; Inayatullah v. Syed Khursheed Ahmed Shah and others 2014 SCMR 1477 and Sultan Mehmood Hinjra v. Malik Ghulam Mustafa Khar and others 2016 SCMR 1312 rel. Dr. Dilnawaz Rafi Shaikh and 3 others v. Riyaz ur Rahim and 3 others 2015 MLD 965 ref. (b) Administration of justice--- ----Wrong provision of law mentioned in the title of proceedings---Such mistake can be ignored and condoned provided the proceedings have been instituted within time and the Court otherwise has jurisdiction to decide the same. THIS JUDGMENT DELIVERED BY: NADEEM AKHTAR, J.--- Through this appeal under Section 14(5) of the Representation of the People Act, 1976, the appellant has impugned the order passed on 22.04.2016 by the learned Election Tribunal Ghotki at Mirpur Mathelo in Election Petition No.01/2016, whereby the said election petition filed by the present appellant was dismissed under Rule 64 of…
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