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.