C.P.No.D-380 of 2016

For Katcha Peshi

04.02.2016

Mr. Shabir Ali Bozdar assisted by Mr. Muhammad Suleman Kalhoro Advocate for petitioner.

Mian Mumtaz Rabbani, Deputy Attorney General.

Mr. Noor Hassan Malik, Assistant Advocate General a/w Assistant Commissioner/ Returning Officer UC Kamal Dero.

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Through instant petition, the petitioner has impugned the order passed by the Appellate Authority / District Judge, Naushahro Feroze, in Election Petition No.07/2016 dated 28.01.2015 whereby the nomination of the petitioner as Member on Reserve Seat (Peasant/Labour), Union Council, Kamal Dero, which was accepted by the Returning Officer, has been rejected in view of appeal filed by respondent No.5.

Notices were issued, pursuant to which Assistant Commissioner/Returning Officer of Union Council, Kamal Dero has shown appearance. Mr. Fakhur Din Dahraj Advocate files vakalatnama on behalf of respondent No.5.

Learned counsel for the petitioner submits that the Nomination Paper of the petitioner were rightly accepted by the Returning Officer, as all codel formalities were complete and the petitioner qualified to be elected as Member, Union Council, Kamal Dero on reserved seat (Peasant/Labourer), however, respondent No.5 instead of raising objection before the Returning Officer, filed an appeal before Appellate Authority on the false ground that the proposer and seconder of the petitioner also subscribed to other candidate of other union council, therefore, his Nomination Papers may be rejected, whereas, according to learned counsel, Nomination Paper of other candidate was duly rejected by the Returning Officer as the proposer and seconder namely Munawar Ali Shah and Asif Ali did not subscribed to their signature, whereas, they have also filed affidavit to this effect before this Court, which is placed on record along with statement dated 24.01.2016. Per learned counsel, since there is no other candidate except the petitioner, for whom the proposer and seconder namely Munawar Ali Shah and Asif Ali have subscribed the Nomination Paper, therefore, in terms of Rule 16 of Sindh Local Council (Election) Rules, 2015, the Returning Officer has rightly accepted the Nomination Paper of the petitioner, whereas, the impugned order passed by the Appellate Authority Election is erroneous in facts and law.

We have heard learned counsel for the petitioner, learned AAG and DAG and perused the record and the impugned order with their assistance, which reflects that the aforesaid fact has not been taken into consideration by the Appellate Authority, while passing the impugned order, whereas, it has emerged that there is only one Nomination Paper, which has been accepted by the Returning Officer, to which the proposer and seconder namely Munawar Ali Shah and Asif Ali admitted that they subscribe the same and denied to have subscribed any other Nomination Paper of any other candidate, whose Nomination Paper has already been rejected.

Accordingly, impugned order passed by the Appellate Authority / District Judge, Naushahro Feroze, is hereby set aside, the Nomination Paper of the petitioner shall be treated as valid and accepted. Needful shall be done accordingly.

Instant petition stands allowed.

JUDGE

JUDGE

N.M.