C.P No. D – 3593 of 2015

Date	Order with signature of Judge

1. For order on office objection.

2. For Katcha Peshi.

3. For order on C.M.A No. 10107/2015.

13-10-2015

Mr. Nisar Ahmed Bhanbhro, advocate for the petitioner.

Mr. Imdad Ali ‘U’, Ujjan, advocate for respondent No.3 a/w respondent No.3.

Mr. Liaquat Ali Shar, learned Additional Advocate General a/w Zamir Ahmed Jagirani, Returning Officer U-C, Kamaldero, Gambat.

Mr. Mian Mumtaz Rabbani, learned D.A.G.

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Through instant petition, the petitioner has impugned order dated 01.10.2015 passed by the Returning Officer, Union Council Kamaldero/Assistant Commissioner Gambat, whereby, the application filed by respondent No.3, seeking withdrawal from his candidature in respect of U.C Kamaldero, has been allowed and candidature of the respondent along with nomination paper of the petitioner has been treated as withdrawn.

2. Learned counsel for the petitioner submits that the petitioner and respondent No.3 filed their joint nomination forms in view of Rule 18(5)(a) of Sindh Local Govt Act, 2013 and there was no objection on such nomination, which was accepted. However, according to learned counsel, on the date fixed for withdrawals of such nomination form, the respondent No.3 has moved an application seeking his withdrawal which has been granted by the Returning Officer without notice to the petitioner, and resultantly, joint nomination form filed by the petitioner along with respondent No.3, has also been treated as withdrawn. Per learned counsel, the petitioner, whose candidature is complete in all respects has been deprived to contest election on account of an illegal act by respondent No.3, whereas, such withdrawal has been made under pressure of ruling party. Per learned counsel, the respondent No.3 did not have the right to withdraw such nomination form unilaterally without seeking consent of the petitioner.

3. Notices of instant petition were issued to respondents as well as respondent No.3, pursuant to which, respondent No.3 has shown appearance along with his counsel Mr. Imdad Ali ‘U’, Ujjan, who has filed his vakalatnama and objections along with annexures, whereas Returning Officer has also filed written comments, which are taken on record and copies supplied to the learned counsel for the petitioner.

4. Learned counsel for the respondent No.3 submits that respondent No.3 has withdrawn his candidature voluntarily without any pressure or coercion as he intends to contest the election on General Seat, whereas, such option is always available to a candidate irrespective of the fact that such nomination paper would have been filed jointly. In support of his contention, learned counsel has referred to Sub Rules (1) and (2) of Rule 20 of Sindh Local Councils (Elections) Rules, 2015 and submits that there is no bar upon the candidate to seek unilateral withdraw from his nomination in terms of aforesaid Rule 20 of Sindh Local Councils (Elections) Rules, 2015.

5. Learned Additional Advocate General and learned D.A.G. have conceded to legal position as stated by learned counsel for the respondent No.3 and submits that instant petition is misconceived and is not maintainable as there is no error or illegality committed by the Returning Officer under the facts and circumstances of the case. Respondent No.3 present in court has candidly stated that he has voluntarily withdrawn his candidature within the prescribed time in terms of Sub rules (1) and (2) of Rule 20 of Sindh Local Councils Elections Rules, 2015. It is been further stated that since the nomination form of Chairman and Vice Chairman in terms of Section 18 (5) (a) of Sindh Local Government Act, 2013, required to be submitted jointly, therefore, in case of withdrawal of such nomination by either candidate, entire nomination becomes redundant.

6. We have heard the arguments of learned counsel for parties, learned A.A.G and learned D.A.G, perused the record with their assistance and also examined the relevant rules relating to submission of joint nomination forms in terms of Section 18(5)(a) of Sindh Local Government Act, 2013 and withdrawal of such nomination forms in terms of Sub rules (1) and (2) of Rule 20 of Sindh Local (Councils) Elections Rules, 2015, which clearly provide that any candidate who has filed nomination form, either jointly or otherwise can withdraw his nomination voluntarily within the stipulated period. Whereas, in the instant matter, the respondent No.3 was summoned to verify as to his withdrawal was voluntary and made without any pressure or coercion, who has categorically stated before this Court that he has exercised such right in accordance with law as per relevant rules as he intends to contest on general seats.

7. In view of hereinabove facts and the legal position as stated hereinabove, we do not find any error in the impugned order dated 01.10.2015 passed by the Returning Officer. Accordingly instant petition is hereby dismissed along with listed application.

Judge

Abdul Salam/P.A