C.P.No.D-4497  of  2015

 

1.    For orders on office objection

2.    For Katcha Peshi

3.    For hearing of CMA-12606/2015

4.    For hearing of CMA-12890/2015

 

13.01.2016

 

Mr. Naeem Iqbal junior partner of Barrister Zamir Ghumro Advocate along with petitioner.

Mr. Noor Hassan Malik, Assistant Advocate General.

Mian Mumtaz Rabbani, Deputy Attorney General.

                                    ..................

 

                        Mr. Nisar Ahmed Bhambhro files vakalatnama and written statement on behalf of respondent No.7, which are taken on record.

 

            After hearing the learned counsel for the parties at some length, instant petition is being disposed of by consent in the following terms:

 

1.                     The application filed by petitioner Ahsan Ali alias Ahsanullah s/o Amanullah Khaskheli before the Returning Officer/Assistant Commissioner, Taluka Kotdiji, District Khairpur, on 01.11.2015, for recounting of ballot papers/votes of Polling Station, Govt. (Boys) Primary School, Bunglo, Ward No.8 Town Committee, Kotdiji, District Khairpur, shall be considered and decided by the District Returning Officer/Deputy Commissioner, Khairpur, in accordance with law and Local Councils Election Rules, after notice to all the contesting candidates, under the supervision of learned District & Sessions Judge, Khairpur himself or any other Additional District & Sessions Judge, so appointed by the learned Sessions Judge, Khairpur, within a period of seven days, from the date of this order.

 

2.                     That after deciding the application, any party aggrieved by such order, shall be at liberty to seek further remedy as provided under Election laws/rules.

 

3.                     Since restraining order was passed in the instant petition on 02.12.2015 requiring the respondents to maintain status quo, till next date of hearing, which was further extended from time to time even after issuance of notification by the Election Commission of Pakistan on 03.12.2015, therefore, the respondent No.7 may not be administered oath, till decision of the District Returning Officer on the application for recounting.

 

            Let copy of this order may be transmitted to District & Sessions Judge, Khairpur and the Election Commission of Pakistan immediately through fax, for compliance.

 

            Petition stands disposed of in the above terms, along with listed applications.

 

 

                                                                                JUDGE

 

 

                                                JUDGE

N.M.