ORDER
SHEET
IN
THE HIGH COURT OF SINDH, BENCH AT SUKKUR.
Constt: Petition No.D- 4039 of 2015
DATE ORDER WITH
SIGNATURE OF HON’BLE JUDGE
FOR KATCHA PESHI.
11th.
November, 2015.
Mr. Najeebullah
Jalbani, Advocate for petitioner.
Mr.
Shabbir Ali Bozdar,
Advocate for Respondents No.5 & 6.
Mr.
Liaquat Ali Shar, Addl: A.G.
Mr.
Mian Mumtaz Rabbani, D.A.G.
Through
instant petition, the petitioner has impugned the orders passed by the Retuning
Officer as well as Appellate Authority, whereby the objections filed by the
petitioner on the nomination form of the respondents No.5 & 6 have been
dismissed.
Learned
Counsel for petitioner submits that the respondent No.5 & 6 are defaulter
in respect of SEPCO dues amounting to Rs.4136/- and bank loan of Z.T.B.L which
was obtained in the name of father of respondent No.6 amounting to Rs.2,95,276/-, whereas, according to learned Counsel the
respondent No.6 also did not disclose his true assets i.e
the share in ancestral agricultural lands.
Notices
were issued, pursuant to which respondents No.5 & 6 shown their appearance,
whereas, Mr. Shabbir Ali Bozdar,
advocate filed statement along with annexures on behalf of respondent No.5
& 6 and submits that the respondents are not defaulters in terms of
definition provided under election laws, however, submits that an amount of
Rs.4136/- in respect of SEPCO dues for the month of September, 2015 has already
been paid, similarly an amount outstanding against late father of respondent
No.6 i.e Rs.2,95,276/- bank loan of Z.T.B.L, out of
which an amount of Rs.1,00,000/- has
been paid by respondent No.6 and copy of such paid bill and acknowledgment in
respect of Rs.100,000/- by the Z.T.B.L has been annexed along with statement,
as regards the allegation of concealment of assets i.e
the share in ancestral agricultural land of respondent No.6, learned Counsel
submits that there is no such concealment of declaration of assets in the
nomination paper by respondent No.6 as he has already sold out his share in the
ancestral agricultural land to his brother and has also annexed a copy of an
agreement, which is available on record. It has been prayed that there is no
default on the part of respondents No.5 & 6, therefore, the impugned orders
do not suffer from any error or illegality hence the instant petition may be
dismissed.
Learned
Addl: A.G as well as Asstt:
A.G in view of above stated facts do not controvert such position and submit
that instant petition is misconceived and may be dismissed.
We
have heard the learned Counsel for the parties, perused the record, which
reflects that there is no outstanding amount against the respondents No.5 &
6 in respect of utility bills, whereas, out of loan obtained by late father of
respondent No.6 an amount of Rs.100,000/- has been voluntarily paid by
respondent and the amount of remaining loan outstanding against late father of
respondent No.6 is below the prescribed limit of two Millions, hence the
respondents cannot be considered as defaulters in this account. Accordingly, we
do not find any substance in the instant petition, which is hereby dismissed.
JUDGE
JUDGE
A.R.BROHI