ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Constt: Petition No.D-        3869   of 2015

DATE                         ORDER WITH SIGNATURE OF HON’BLE JUDGE

 

1-     For KatchaPeshi.

2-     For hearing of CMA.No.10774/2015 (Stay)

 

06th. November, 2015.

 

                        M/s Shabbir Ali Bozdar and Muhammad SullemanKalhoro,

                        Advocates along with petitioner.

 

M/s GhulamMurtazaKorai&SaqibKalhoro,                          Advocates for Respondent No.5.

                        Mr. Zulfiqar Ali Sangi, Asstt: A.G.

 

 

                        Through instant petition, the petitioner has impugned the order passed by Appellate Authority in Election Appeal No.122 of 2015, whereby vide order dated 09.10.2015, the nomination paper of the petitioner FazulRehman, has been cancelled on the ground that an F.I.R bearing Crime No.12 of 2008 U/s           496-A, Protection of Women Act, 2006 is registered at police station, Wagan, District Shahdadkot @ Kamber against the petitioner, his brothers and father for abduction of Mst. Shazia, whereas, proceedings U/s 87 & 88, Cr.P.C have been initiated against the petitioner and other accused persons. It has been stated by learned Counsel for the petitioner that petitioner has no criminal history whatsoever and has never been convicted in any other criminal case nor he is defaulter of any department in respect of utility charges, hence filed his nomination form for contesting the forthcoming elections         after complying with all the codal formalities, and in view of the false allegations pursuant to aforesaid F.I.R, the nomination paper of the petitioner has been cancelled. Per learned Counsel, even otherwise, unless a person is convicted in a crime, he cannot be disqualified as per the election law.

                        Notices were issued, pursuant to which M/s GhulamMurtazaKorai&SaqibKalhoro, Advocates filed their joint Vakalatnama on behalf of Respondent No.5 along with objections and submit that since petitioner is required in the aforesaid crime, whereas proceedings U/s 87 & 88, Cr.P.C have been initiated against him and is fugitive from law, hence is not entitled to contest elections.

                        Learned Counsel for petitioner has produced Mst. Shazia D/o Sikander Ali Tunio W/o Muhammad Ishaque, who is present in Court and submits that the aforesaid F.I.R is patently false and frivolous, she has not been abducted by any one nor the petitioner or any one nominated therein, whereas, she being sui-juris has contracted marriage out of her own freewill without any pressure or coercion from any corner and is living with her husband namely Muhammad Ishaque since 2008 and out of said wedlock there are three children. It has been further stated that they do not have any knowledge about registration of such F.I.R nor received any summons from the competent Court of jurisdiction, however, recently they came to know about registration of said case, the petitioner and other accused persons have approached the learned trial Court and obtained bail and have joined the trial, whereas, statement of Mst. Shahzia has also been recorded by  learned Sessions Judge, Shahdadkot @ Kamber. Learned Counsel further submits that since the very registration of F.I.R in view of the statement of Mst. Shahzia stands falsified, therefore, any further proceedings in this regard are equally illegal, nullity in the eyes of law, hence the petitioner has no concern with the said allegations, cannot be held disentitled to contest the elections.

 

                        Learned Asstt: A.G, in view of aforesaid statement of MstShazia present in Court, does not support the impugned order.

 

                        We have  heard the learned Counsel for the parties and learned Asstt: A.G and perused the record, which reflects that petitioner FazulRehman having no criminal history has filed his nomination form after complying with all the codal formalities, whereas, there was no deficiency pointed out before the Returning Officer as well as appellate authority except registration of aforesaid F.I.R about the alleged abduction of Mst.Shazia, who is present in Court today and categorically denied such allegations. Furthermore, the petitioner as well as other nominated accused persons in the aforesaid F.I.R, have also joined the trial. We do not find any error or illegality in the order of Returning Officer. Accordingly, instant petition is allowed and the impugned order dated 09.10.2015 passed by the Appellate Authority/District & Sessions Judge, NaushahroFeroze, is set-aside. The Returning Officer is directed to accept the nomination paper of the petitioner and issue form VIII, accordingly.

JUDGE

JUDGE

A.R.BROHI