Law:

Section:

Sindh Local Government Ordinance (XXVII of 2001)-------S. 148---Constitution of Pakistan (1973), Art.185(3)---Local Bodies elections---Procedure---Electoral college---Out of total 231 eligible voters, seven seats were vacant at the time of election of Nazim of Union Council---Returned candidate secured 114 votes and was declared as Nazim of Union Council---Contention of the petitioners was that 50% of the total number of votes had not been secured by the returned candidate---Validity---Out of total 231 voters seven voters/members were not there to cast their votes and there remained only 224 voters to cast their votes---High Court rightly concluded that out of 224 valid eligible votes, the successful candidate would have to secure fifty per cent. of the same in order to succeed---Returned candidate had secured 114 votes out of 224, therefore, the same being more than fifty per cent. was rightly declared successful as Nazim of Union Council---Supreme Court did not take any exception to the finding of High Court and did not find any legal or factual infirmity with the ---Leave to appeal was refused. Shahadat Awan, Advocate Supreme Court and Suleman Habibullah, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 20th July, 2004. ORDER HAMID ALI MIRZA, J.--- This civil petition for leave to appeal is directed against the judgment, dated 20-4-2004 in Constitutional Petition No.D-346 of 2003 passed by learned Division Bench of the High Court of Sindh Hyderabad Circuit, whereby the said Constitutional petition was dismissed maintaining the decision, dated 8-11-2001 of Member Election Commission of Pakistan, whereby the respondent was declared as Nazim of Taluka Hyderabad. 2. Facts of the case need not be reiterated as the same have been stated in the memo. of petition and the impugned judgment. 3. Contention of the learned counsel for the petitioner is that in fact there are 231 voters in the said Union Council of Taluka Hyderabad therefore the successful candidate has to secure fifty per cent of the total number of votes of the union councils in order to succeed but the respondent having secured only 114 votes of the total votes therefore some…

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