| Citation(s) |
|---|
| 2023 SLG 23 2023 SLD 23 2023 SCMR 206 |
Supreme Court of Pakistan
Civil Appeal No. 2797 of 2022, decided on 30th November,2022. Date of hearing: 9th November, 2022. (On appealagainst judgment Dated 20.07.2022 passed by High Court ofSindh, Circuit Court Hyderabad in C.P. No. D-2478 of 2022.)
IJAZ UL AHSAN, MUNIB AKHTAR AND SAYYED MAZAHAR ALI AKBAR NAQVI, JJ
Shah Khawar, Advocate Supreme Court and Sh. Mehmood Ahmed, Advocate-on-Record for Appellant. Aftab Alam Yasir, Advocate Supreme Court and M. Kassim Mirjat, Advocate-on-Record for
Respondents Nos. 1 and 2. Rashdeen Nawaz Kasuri, Additional A.G.P. and M. Ar
Civil Appeal No. 2797 of 2022, decided on 30th November,2022. Date of hearing: 9th November, 2022. (On appealagainst judgment Dated 20.07.2022 passed by High Court ofSindh, Circuit Court Hyderabad in C.P. No. D-2478 of 2022.)
IJAZ UL AHSAN, MUNIB AKHTAR AND SAYYED MAZAHAR ALI AKBAR NAQVI, JJ
Shah Khawar, Advocate Supreme Court and Sh. Mehmood Ahmed, Advocate-on-Record for Appellant. Aftab Alam Yasir, Advocate Supreme Court and M. Kassim Mirjat, Advocate-on-Record for
Respondents Nos. 1 and 2. Rashdeen Nawaz Kasuri, Additional A.G.P. and M. Ar
YASIR AFTABVSIRFAN GULL and others
Law: Sindh Local Councils Elections Rules, 2015
Section: 16(3),18(3)
Law: Sindh Local Government Act, ( XLII of 2013)
Section: 23
(a) Sindh Local Councils (Election) Rules, 2015--- ----R. 16(3)---Sindh Local Government Act (XLII of 2013), S. 23---Local government elections---Nomination papers---Declaration of assets at pre-election and post-election stage---Scope---Candidate is requirement to make a declaration of assets in the nomination papers filed by him/her---If the candidate is successful, he/she then has to make another declaration (of assets) as required by section 23 of Sindh Local Government Act, 2013---If any objection is raised to the declaration of assets in the nomination papers of a candidate and the same is sustained then the nomination may be rejected by the Returning Officer. (b) Sindh Local Councils (Election) Rules, 2015--- ----R. 18(3), proviso, Clause (ii)--- Local government elections---Nomination papers, scrutiny of---Declaration of assets in nomination papers---Substantial defect---Discretion of Returning Officer to allow such defect in nomination papers to be remedied forthwith---Scope of Clause (ii) of the proviso to sub-rule (3) of Rule 18 of the Sindh Local Councils (Election) Rules, 2015 stated. Clause (ii) of the proviso to sub-rule (3) of Rule 18 of the Sindh Local Councils (Election) Rules, 2015, requires a two-step exercise to be carried out by the Returning Officer. In the first stage he must determine whether the defect objected to is of a substantial nature. If the answer is in the negative, that concludes the exercise and he is bound not to reject the nomination papers. If the answer is in the affirmative, then the matter moves to the second stage. He must consider whether, in his discretion (exercised in a lawful manner), to overrule the objection to the defect though it be of a substantial nature, as long as it can be remedied forthwith. If he exercises his discretion in favor of the candidate and the defect is remedied forthwith the nomination papers stand accepted. If he refuses to exercise his discretion then of course the nomination papers stand rejected. But whatever his action the Returning Officer must record his reasons appropriately and accordingly, in relation (as the case may be) to both stages of the exercise. JUDGMENT MUNIB AKHTAR,…
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