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

Section: 35(1)(c),37(2)(a),39

Sindh Local Government Act (XLII of 2013)--- ----Ss. 35(1)(c), 37(2)(a), 39---Qualifications for contesting Election in Rural Area---Bar to transfer vote---Respondent ‘H.K.M’ submitted his nomination papers to contest Local Council Elections for the seat of Member District Council (Rural) from two Union Councils which were rejected by the Returning Officer---Respondent filed Election appeal before the Appellate Authority/Appellate Tribunal, which was allowed---Held, that a person is qualified to be elected or chosen as a member of the Council if he is enrolled as a voter in the Electoral Rolls of the concerned Council or Ward---Person contesting for the District Council membership can contest the election from any Union Council of the District and the persons contesting for the membership of Town Committee or Municipal Committee can contest the election from any ward of the respective Committee provided that their proposers and seconders were registered voters of the concerned Union Council or Ward---Request of respondent for transfer of his vote was declined by the Returning Officer on the ground that same was not entertainable as such bar was created by S. 39 of the Elections Act, 2017----Admitted position was that the petitioner’s intention was to contest for the membership of the District Council (Rural) but he was not the registered voter of any concerned Council of the said District Council---Section 35(1)(c) of the Act contained restrictions that a candidate could not stand on the reserved seat of District Council which was constituted purely for rural area of a District---Admitted position was that the respondent (H.K.M) was not a registered voter of the concerned Union Council (rural area) and,…

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