Law:

Section:

Representation of the People Act (LXXXV of 1976)--- ----Ss. 14 & 99---Sindh Local Government Ordinance (XXVII of 2001), S.158---Constitution of Pakistan (1973), Art.63---Rejection of nomination papers on ground of disqualification---Appeal---Appellant, who was holding office of Taluka Nazim at the time of filing of nomination papers, filed three nomination papers to contest election of National and Provincial Assemblies, but all nomination papers were rejected on the ground that Art. 63(c) of the Constitution disqualified the candidate/appellant and S.158 of Sindh Local Government Ordinance 2001 also barred his nomination papers---Section 158 of Sindh Local Government Ordinance, 2001 had provided that a Taluka Nazim could contest election for any other political post after resigning from existing post of Nazim---Section 158 of the Ordinance had imposed a bar upon the sitting Nazim to contest election without first resigning from the post of Nazim---Election was a very wide term and was a continuous process consisting of series of steps starting from filing of nomination papers to the announcement of result---Appellant, who was sitting Taluka Nazim, did not tender his resignation before submitting his nomination papers---Section 158 of Sindh Local Government Ordinance, 2001, which had imposed a bar upon sitting Nazim to contest election without first resigning from the post of Nazim, was saved under Art.63(1)(s) of Constitution---Returning Officer, in circumstances had rightly rejected the nomination papers of appellant---In absence of any illegality and infirmity in impugned orders, appeal against said orders was dismissed. Election Commission of Pakistan v. Javaid Hashmi and others PLD 1989 SC 396; N.P. Ponnuswami v. Returning Officer, Namakkal AIR 1952 SC 64; Muhammad Nazir Hakim v. Said Muhammad PLD 1962 Lah. 421 and Muhammad Afzal v. Miraj Din PLD 1967 Lah. 689 ref. JUDGMENT NADEEM AZHAR SIDDIQI, J.---By this common judgment we intend to dispose of the Election Appeals bearing Nos. 11, 12 and 13 of 2007 filed by the appellant challenging the order dated 1-12-2007 passed by the learned Additional District and Sessions Judge/Returning Officer, NA-212,…

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