Case Details

Citation(s)
2010 SLG 2064 2010 SLD 2064 2010 PLD 1
Sindh High Court
Constitutional Petitions Nos. D-32 and 33 of 2007, decided on 24th February, 2009. dates of hearing; 27th and 28th January, 2009
SAJJAD ALI SHAH AND NADEEM AZHAR SIDDIQI, JJ
Ejaz Ali Hakro for Petitioners. Sundar Das for
Respondents. Allah Bachayo Soomro, Addl. A.G. Muhammad Ali Shaikh, D.A.G. for Election Commission of Pakistan along with Atta-ur-Rehman, Asstt. Election Commissioner

ABDUL RAHIM KATIAR and anothers

VS

ELECTION TRIBUNAL, HYDERABAD and 14 others

Law: Sindh Local Government Elections Rules, 2005

Section: 12,14,65

Law: Constitution of Pakistan, 1973

Section: 199

Sindh Local Government Elections Rules, 2005--- ---Rr. 12, 14 & 65---Constitution of Pakistan (1973), Art.199---Constitutional petition---Rejection of nomination papers---Petitioner filed two nomination papers in different panels for the position of Nazim, one with a different person and other with another person---Both nomination papers were presented at the same date and time---Nomination papers filed with different persons were numbered as No.23 and No.24---Nomination paper No.23 was rejected as the age of said different person was found to be less than 25 years, whereas nomination paper No.24 was accepted---Panel of petitioners for Nazim and Naib Nazim after election having been declared returned candidates, respondents had filed election petitions which were allowed and election of the petitioners to the seat of Nazim and Naib Nazim was declared illegal---Validity---If a candidate had filed more than one nomination papers and candidate had not withdrawn his other nomination papers before the scrutiny, his candidature would be determined on the basis of nomination paper first received by the Returning Officer and remaining nomination papers would be void---Petitioner had not withdrawn second nomination paper and the Returning Officer took up both the nomination papers for the purpose of scrutiny and rejected nomination paper No.23 filed by the petitioner with different person, whereas accepted nomination paper No.24, without realizing that no sooner the first nomination paper (No.23) was taken up for scrutiny, the second nomination paper (No.24) on the basis whereof the petitioners had contested election, stood void---Election of the petitioners on the basis of a void nomination paper could not be termed in accordance with law. Muhammad Jamil Akhtar v. Appellate Authority District Judge Rawalpindi 2003 SCMR 400 and Sahibzada Farook Abbasi v. Appellate Authority/District and Sessions Judge, Bahawalpur 2003 CLC 64 rel. JUDGMENT SAJJAD ALI SHAH, J.---Through these petitions the petitioners who are returned Candidates for the seat of Nazim and Naib Nazim U.C. No.3 Jinan Soomro, District Tando Muhammad Khan have called in question judgment dated 15-1-2007,…
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