| Citation(s) |
|---|
| 2025 SLG 4311 2025 SLD 4311 = 2025 CLC 1096 |
Sindh High Court
Election Appeal No. 06 and C.M.A. No. 3512 of 2023, decided on 22nd August, 2023.
Before Mohammad Abdur Rahman, J
Syed Mureed Ali Shah for Appellants. Sarmad Sarwar and Abdullah Hanjra, Law Officers for
Respondents. Shabbir Ahmed Kumbhar and Muhammad Nawaz Tahiri for
Respondents Nos. 11 and 12.
Election Appeal No. 06 and C.M.A. No. 3512 of 2023, decided on 22nd August, 2023.
Before Mohammad Abdur Rahman, J
Syed Mureed Ali Shah for Appellants. Sarmad Sarwar and Abdullah Hanjra, Law Officers for
Respondents. Shabbir Ahmed Kumbhar and Muhammad Nawaz Tahiri for
Respondents Nos. 11 and 12.
GHULAM RASOOL and another ---Appellants
VERSUS
CHIEF ELECTION COMMISSIONER through Provincial Election Commissioner Sindh and 18 others ---Respondents
Law: Elections Act, 2017
Section: XXXIII,101(2),155,229
Law: Sindh Local Government Act, 2013
Section: XLII,54
Elections Act (XXXIII of 2017)-------Ss. 101(2), 155 & 229---Sindh Local Government Act (XLII of 2013), S. 54--Local Bodies elections---Recounting of votes---Election Commission, jurisdiction of---Appellants won election of union council concerned by a margin of two votes--On recount of ballots by the order of Chairman of Election Commission of Local Bodies, the respondent was declared as returned candidate---Validity---Chairman of Election Commission of Local Bodies was clearly not prohibited under section 101(2) of Elections Act, 2017 from conducting a recount of votes for election of union council concerned---Chairman of Election Commission of Local Bodies exercised his discretion judiciously and fairly and there was no fault in his findings---High Court declined to interfere in the order passed by Chairman of Election Commission of Local Bodies, as there was no illegality or irregularity committed in the orders passed by him---Appeal was dismissed, in circumstances.Jam Madad Ali v. Asghar Ali Junejo 2016 SCMR 251; Sheikh Iftikharuddin v. District Judge Bahawalpur Exercising Powers of Election Tribunal for Union Council of District Lodhran and 8 others 2002 SCMR 1253; Sohail Akhtar Abbasi v. Syed Amir Ali Shah 2006 CLC 1319; Yawar Ali Khan v. Aabid Hussain Rajput 2004 YLR 1546; Ghulam Haider v. Muhammad Younis 1990 CLC 1; Muzaffar Abbas v. Election Commission of Pakistan through Chairman and others PLD 2018 Lah. 678; Muhammad Ibrahim Qasmi v. Syed Aliq Shah 2011 CLC 606 and Ijaz Ahmed Cheema v. Syed Iftikhar Hussain and another 1995 CLC 1426 rel.Date of hearing: 24th May, 2023.JUDGMENTMOHAMMAD ABDUR RAHMAN, J.---This is an Appeal that has been preferred by the Appellants under Section 54 of the Sindh Local Government Ordinance, 2018 read with Section 155 and Section 229 of the Elections Act, 2017 challenging the orders dated 10 April 2023, 12 April 2023 and 14 April 2023 passed by the Chairman of the Election Commission of Local Bodies, 2023 for the District of Thatta in Election Petition No. 02 of 2023 ordering a recount of the voting in respect of the Election of Union Council 39 of Bhambhore, Taluka Mirpur Sakro, District…