ORDERSHEET
IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
Cons.
Petition No.D-4742 of 2015
__________________________________________________________ DATE ORDER WITH SIGNATURE OF JUDGE __________________________________________________________
23-12-2015.
Petitioner Jhando Khan Jarwar in person.
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Through
the instant petition the petitioner has alleged that respondents No.3 and 4
have not received the nomination form of petitioner for the seat of Chairman of
Union Council Kotri Muhammad Kabir
in spite of the fact that petitioner is entitled to contest election and also
comply with other codal formalities in this regard.
Notices were
issued to the respondents as well as A.A.G. Pursuant to which comments have
been filed by respondent No.4 along with annexures wherein the allegations
contained in this petition have been seriously denied and controverted wherein
it has been stated that the petitioners filed his nomination form for seat of
Member District Council Union Coucil Kotri Muhammad Kabir District Naushehro Feroze which has been aceepted
and his name has been inducted in Form- VI as well as Form-VII of validly
nominated candidates, wherein the name of petitioner appears at serial No.4. It
has been further stated in the comments that petitioner neither approached the
respondents nor submitted
any nomination form for the seat of Chairman Union council Kotri Muhammad Kabir district Naushero Feroze as per election
schedule and has filed the instant petition malafidely
after the expiry of date for filing of such nomination paper, objection and
scrutiny of nomination papers by the Returning Officer and even after issuance
of Form-VII in respect of election seats.
Learned A.A.G has raised
objection as to maintainability of instant petition on the ground that the
petitioner did not disclose the complete true facts nor has availed the remedy
as provided in terms of Sindh Local Counsel Election Rules, 2014 wherein there
is specific denial by the respondents as to allegations of petitioner that he
never approached Returning Officer to submit such nomination form for seat of
Chairman Union Council Kotri Muhammad Kabir district Naushehro. It has
further been contended that nothing has been placed
3. Through listed application, the
applicant/surety requests for return of surety amount deposited before the
Additional Registrar of this Court pursuant to order dated 02.11.2015 whereby
the petitioner Gada Hussain son of Imdad Hussain was
granted protective bail for five days subject to his furnishing a solvent
surety in the sum of Rs.25,000/- (Twenty five
thousand) and P.R bond in the like amount to the satisfaction of the Additional
Registrar of this Court.
Learned
counsel for the applicant/surety contends that pursuant to aforesaid order, the
petitioner surrendered before the National Accountability Court Sukkur who has
been granted bail, copy of order has been placed on record. Per learned counsel
the surety furnished before this Court is no more required and be ordered to
return to the applicant/surety.
Mr.
Zulfiqar Ali Sangi A.A.G
present in Court, waives notice and after perusal of record does not controvert
the contention of the learned counsel.
Accordingly,
listed application is granted. Office is directed to return the surety amount
to the applicant/surety after proper verification and identification.
JUDGE
JUDGE
Irfan/PA.