C.P No. D – 621 of 2016

 

Date

               Order with signature of Judge

 

1.    For order on C.M.A No. 1621/2016.

2.    For order on C.M.A No. 1622/2016.

3.    For Katcha Peshi.

4.    For order on C.M.A No. 1623/2016.

 

17-02-2016

 

Mr. A.R Farooq Przada, advocate for the petitioner.

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1.                     Urgent application is granted.

2,3. & 4.          Through instant petition, the petitioner has prayed that Election Commission may be restrained from holding the elections of U.C 53 Chandia, Taluka Ubauro, District Ghotki on reserved seats, on the ground that election petition filed by the petitioner is pending before Election Tribunal. The learned counsel for the petitioner was directed to refer to any provisions in Sindh Government Sindh Local Govt Act, 2013 and Sindh Local Councils Elections Rules, 2015, whereby, the election schedule given by the Election Commission of Pakistan for reserved seats could be stayed, in view of the pendency of a election petition before the election tribunal, however, the learned counsel for the petitioner could not refer to any such provision of law or rules and has submitted that if the elections for reserved seats are held as per schedule, and therefore, the petitioner succeeds in election petition before the election tribunal, then the entire election on reserved seats will become void. Therefore, elections in respect of above referred U.C may be postponed till decision by the Election Tribunal in the case of petitioner.

            The submissions of the learned counsel for the petitioner appears to be mis-conceived as there is no mechanism provided under Sindh Local Govt Act, 2013 and Sindh Local Councils Elections Rules, 2015, whereby, the election schedule announced by the Election Commission for holding election on reserved seats could be stayed, merely, on account of pendency of a election petition before the Election Tribunal. Moreover, in case of any decision of Election Tribunal as referred to hereinabove, an aggrieved party shall be at liberty to file appropriate proceedings before the forum as may be available under the election law/rules. Accordingly, we do not find any substance in the instant petition, which is dismissed in limine. However, the petitioner is at liberty to approach the Election Tribunal or the forum as may be  provided under Sindh Local Govt Act, 2013 and Sindh Local Councils Elections Rules, 2015, whereas in case of any eventuality as visualized by the petitioner herein above, the petitioner will also be at liberty to approach the relevant forum i.e. Election Commission of Pakistan, in accordance with law.

            It is expected that the Election Tribunal may decide the election petition of the petitioner within a reasonable period of time to avoid any further delay in this regard.

            Instant petition stands dismissed along with listed applications in the above terms.

 

 

 

                                                                                                  Judge

 

                                                              Judge

 

                                                

Abdul Salam/P.A