ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C.P No. D- 373 of 2016

_________________________________________________________________ DATE ORDER WITH SIGNATURE OF JUDGE ______________________________________________________________________

1. For katcha Peshi.

2. For hearing of CMA 977/2016(Stay)

04-02-2016.

Mr. Nisar Ahmed Bhanbhro Advocate for petitioner.

Mr. Shabbir Hussain Dayo Advocate for Sadam Hussain/Intervenor.

Mr. Noor Hassan Malik Asst: A.G

a/w Mr.Zameer Hussain Jagirani Assistant Commissioner/

Returning Officer M.C Gambat.

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Through instant petition, petitioner has impugned order dated.29.01.2016 passed by the Returning Officer on the nomination form of the petitioner for the reserved seat of ‘Youth’ from Ward No. 2 Uion Council Municipal Committee Gambat district Khairpur for the reasons that the petitioner did not qualify to contest the election on the ground that petitioner does not fulfill the requirement of age limit in terms of section 35(i)(b) of Sindh Local Government Act 2013.

Notices were issued, pursuant to which written statement has been filed by respondent No.1/Returning Officer Municipal Committee Gambat along with annexures, whereas Mr. Ghulam Shabbir Dayo Advocate has shown appearance and filed vakalatnama along with application under order 1 rule 10, R.W.S 151 CPC on behalf of Sadam Hussain contesting candidate along with annexures, which is taken on record.

From perusal of the written statement filed on behalf of Returning Officer Municipal Committee Gambat it transpires, that the documents attached along with instant petition i.e form VII etc are managed as the same do not contain the official seal of the Returning officer, whereas, the actual documents have been produced by the Returning Officer who has seriously disputed the same.
The petitioner instead of filing appeal before the appropriate forum i.e appellant tribunal has directly approached this Court for which no reasonable explanation has been offered by learned counsel. It further transpires that the petitioner does not qualify for the above seat in terms of Section 35-B of Local Government Act,2013 as the petitioner is below the age limit of 21 years. While confronted with such position, learned counsel for petitioner could not satisfactorily respond, however submitted that as provided in terms of Section 35-B of Sindh Local Government Act, 2013 is not applicable.

In view of hereinabove disputed facts and the documents attached by petitioner, we are of the opinion that the instant petition is misconceived in facts and law, whereas, petitioner has not approached this Court with clean hands. Accordingly, instant petition is dismissed in limine along with listed application.

J U D G E

Irfan/PA