ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C.P No. D – 4284 of 2015

 

Date

               Order with signature of Judge

 

1.    For order on C.M.A No. 12565/2015.

2.    For order on C.M.A No. 11912/2015.

3.    For Katcha Peshi.                                                                                                                                                                                                                                                                                                                                                                     

 

02-12-2015

 

Mr. Shafique Ahmed Laghari, advocate for the petitioner.

.-.-.-.-.-.-.-.-.-.-.-.-

1.                     Urgency is granted.

2. & 3.            Through instant petition, the petitioner has alleged that the respondent No.3 has not issued the certified copies of Form Nos. XI and XII and the nomination forms of all the contesting candidates to the petitioner in respect of elections of U.C Hingoro No.29, inspite of the fact that the petitioner has contested election from such Union Council. Per learned counsel, the petitioner has been declared as un-successful candidate and there is apprehension that election has been rigged by the respondents at the instance of ruling party, therefore instant petition has been filed for redressal of his grievance. Per learned counsel, request of the petitioner has not been considered.

                        Perusal of record shows that petitioner has not placed on record any document with regard to his contesting elections from U.C 29 Hingoro held on 31.10.2015, nor any receipt with regard to petitioner’s applications seeking copies of Forms XI and XII, has been attached with the memo of petition. Moreover, it is the duty of every Returning Officer to display the results on the prescribed forms after counting of the votes, where after final result is announced by election Commissioner. As per petitioner, he has been declared as un-successfully candidate on account of rigged dlection, however, remedy is available to the candidate to file appropriate proceedings before the Electoin Commission or before the election tribunal in terms of provisions of Sindh Local Council (Election) Rules, 2015.

                        Instant petition is mis-conceived in facts and law as the elections were held on 31.10.2015 in respect of District Councils. Whereas, petitioner instead of approaching the relevant authority i.e. Election Commission of Pakistan or Election Tribunal for the said purpose, has filed instant petition under Article 199 of the Constitution.

                        We do not find any substance in the instant petition which is hereby dismissed in limine. However, the petitioner may be at liberty to seek redressal of his grievance regarding election disputed before relevant forum in accordance with law and relevant rules.

 

                                                                                                  Judge

 

                                                              Judge

Abdul Salam/P.A