| Citation(s) |
|---|
| 2002 SLG 2030 2002 SLD 2030 2002 CLC 1807 |
Sindh High Court
Constitutional Petition No. D-357 of 2002, decision dated: 17-05-2002
SAIYED SAEED ASHHAD, C.J. AND GHULAM RABBANI, J
Kamal Azfar and Abdul Ghafoor Mangi for Petitioners. Muhammad Sarwar Khan, Addl. A.G., Sindh for
Respondents Nos. 1 to 3. I.A. Hashmi for
Respondents Nos.4 and 5
Constitutional Petition No. D-357 of 2002, decision dated: 17-05-2002
SAIYED SAEED ASHHAD, C.J. AND GHULAM RABBANI, J
Kamal Azfar and Abdul Ghafoor Mangi for Petitioners. Muhammad Sarwar Khan, Addl. A.G., Sindh for
Respondents Nos. 1 to 3. I.A. Hashmi for
Respondents Nos.4 and 5
ZUBAIR AHMED CHANDIO and another
VS
WDISTRICT RETURNING OFFICER
Law:
Section:
Sindh Local Government Elections Ordinance (X of 2000)-----Ss. 14, 16 & 18-A---Sindh Local Government Elections Rules, 2000, Rr. 16, 18, 81, 83 & 86---Constitution of Pakistan (1973), Art.199--Constitutional petition---Nazim having been adjudged as defaulter was not qualified to be elected or hold an elective office or membership of Local Government---Disqualification of one of candidates, either as Nazim or Naib-Nazim shall have the repercussions on the other joint candidate--- Election Tribunal was empowered to make an order declaring the election of returned candidates to be void and the other contesting candidates to have been duly elected---Principles. Khan Asfandyar Wali v. Federation of Pakistan PLD 2001 SC 607; Civil Petition No.442=K of 2001; Muhammad Iqbal v. District Returning Officer and others 2001 YLR 855; Black's Law Dictionary and C.P. No.D-1215 of 2001 ref. JUDGMENT GHULAM RABBANI, J.--- Through this Constitutional petition, petitioners have challenged the judgment, dated 28th February, 2001 passed by learned Election Tribunal, Saddar Town, Karachi (South) whereby nomination of both the petitioners as Nazim and Naib-Nazim as joint candidates for Union Council No.6, Karachi South, has been rejected; their election to the said offices has been declared void and consequently respondents Nos.4 and 5 securing second highest number of votes have been declared elected to the aforementioned two offices, respectively. 2. Facts of the case of petitioners, in brief, are that the respondent No.5 Muhammad Zahid Qureshi filed an appeal before the Returning Officer, Karachi (South) challenging nomination of petitioner No.2, Muhammad Ahmed Khan for the post of Naib-Nazim of above mentioned Union Council, on the ground that the latter happened to be an active worker of Pakistan People's Party and had also defaulted in payment of instalments to Habib Bank Ltd. in respect of Yellow Cab bearing No. PL-8055. On dismissal of his above appeal vide orders, dated 8th June, 2001, he filed a Review Application, which, too, met the same fate. Feeling aggrieved, he filed a Constitutional Petition No.1215 of 2001 before this Court which .was decided on 20-6-2001…
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