Case Details

Citation(s)
2001 SLG 2524 2001 SLD 2524 2001 CLC 1246
Sindh High Court
Constitutional Petition No,D-199 of 2000 and Civil Miscellaneous Applications Nos.430 and 408 of 2001, decision dated: 14-03-2001
MUHAMMAD ASHRAF LEGHARI AND S. ZAWWAR HUSSAIN, JAFFERY, JJ
Gul Bahar Korai for Petitioners. Khadim Hussain Mangi for
Respondent No. 3. Ghulam Dastagir A. Shahani, Addl. A.G. for the State

SAMO KHAN and another

VS

DISTRICT RETURNING OFFICER and others

Law:

Section:

Sindh Local Government Election Rules, 2000-------Rr. 16(4), 17 & 18(3)---Constitution of Pakistan (1973), Art.199--­Constitutionai petition---Declaration Form, non-submission of---Rejection of nomination papers---Petitioner was candidate for the seat of Nazim and Naib­ Nazim---Returning Officer accepted his nomination papers but the District Returning Officer rejected the same on the ground of non-submission of declaration Form as required under R.16(4) of Sindh Local Government Election. Rules, 2(00---Validity---Where the petitioner had tiled invalid nomination papers, the same were rightly rejected by the District Returning Officer---Order Passed by the District Returning Officer did not suffer from any illegality or infirmity and High Court declined to interfere with the same---Constitutional petition was dismissed in circumstances. Ernisin Equipment and Chemicals Ltd. v. State of West Bengal and another AIR 1975 SC 266, Afta6 Shahban Mirani v. President of Pakistan and others 1998 SCMR 1863 and S.M. Ilyas and another v. Karachi Building Control Authority through Chief Controller of Buildings and another PLD 2001 Kar. 85 ref. ORDER MUHAMMAD ASHRAF LEGHARI, J.--- The petitioners through this petition have sought the following reliefs:-- (a) To declare that the impugned orders viz. Annexures "C" and "E-1 ", dated 5-3-2001 passed by District Returning Officer are illegal, unlawful and against the Election Ordinance and Rules and be set aside/quashed. (b) To grant injunction restraining the respondents Nos.l and 2 by suspending the operation of impugned order, dated 5-3-2001 by not allowing the symbols of respondents Ghulam Raza and Abdul Sattar, (c) Award cost of the petition. (d) Any other relief may also be awarded as this Honourable Court may deem fit and proper under the circumstances. The brief facts giving rise to this petition are that the petitioners filed nomination forms for Nazim and Naib-Nazim respectively before the Returning `Officer/Joint Civil Judge, Sukkur. The Returning Officer found the nomination papers valid and accepted the same. The respondent No.3 Ghulam Raza being aggrieved by the acceptance order filed an appeal before District…
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