Case Details

Citation(s)
2003 SLG 2473 2003 SLD 2473 2003 CLC 264
Sindh High Court
Constitutional Petition No.920 of 2001, decision dated: 24-05-2001.
MUHAMMAD MUJEEBULLAH SIDDIQUI AND S.A. SARWANA, JJ

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ZAKARIA and another

VS

DISTRICT JUDGE AND APPELLATE AUTHORITY LOCAL GOVERNMENT and another

Law:

Section:

Sindh Local Government Elections Ordinance (X of 2000)---------S. 14(g)---Sindh Local Government Elections Rules, 2000, R.18(4)--­Election of Nazim---Nomination Papers, rejection of---Disqualification of candidate---Returning Officer after scrutiny accepted the Nomination Papers of candidate and no objections were filed before Returning Officer either by opposing candidates or by any other person against such acceptance---After acceptance of Nomination Papers, opposing candidate filed appeal under R.18(4) of Sindh Local Government Elections Rules. 2000 assailing acceptance of Nomination Papers of candidate on ground that candidate was employee of Sugar Mill and being so was debarred from contesting election and Appellate Authority rejected Nomination Papers of candidate on that ground---Opposing candidate could not produce, evidence to establish that candidate was in employment of Sugar Mill within six months of filing of Nomination Papers---Order rejecting Nomination Papers of candidate passed by Appellate Authority, was not sustainable on facts and, law---Order of Appellate Authority was set aside and that of Returning Officer accepting Nomination Papers of candidate, was restored. Moula Bux Khoso for Petitioner. Ali Ahmad Junejo for Respondent No.3. Abbas Ali, A.A.-G. with Niaz Ali, Manager, Corporate Affairs, Sindh Sugar Corporation. ORDER MUHAMMAD MUJEEBULLAH SIDDIQUI, J.------By this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, the petitioner has assailed the order, dated 9-5-2001 passed by the respondent No.1 as Appellate Authority under the Sindh Local Government Elections Ordinance, 2000 and the Rules framed thereunder. The petitioner has further sought a declaration that respondent No.3, is not a successful candidate as uncontested and elected Nazim and the Returning Officer. Respondent No.2, be restrained from issuing final list of candidates or allotment of symbol to respondent No.3. The relevant facts are that the petitioner Zakaria son of Muhammad Sulaiman and respondent No.3, Syed Dilshad Shah son of Haji Shah Nawaz Shah, filed their respective Nomination Papers for the post of Nazim of Union Council, Kalakot,…
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