IN THE HIGH COURT OF SINDH, BENCH
AT SUKKUR.
Constt: Petition No.D- 4160 of
2015
DATE ORDER WITH SIGNATURE OF
HON’BLE JUDGE
1- For
orders on CMA.No.11551/2015 (U/A)
2- For
orders on CMANo.11552/2015 (Ex.A)
3- For
KatchaPeshi.
05th.
November, 2015
Mr. Haji
ShamsuddinRajper, Advocate for petitioner.
Through
instant petition, the petitioner has challenged the Notification
No.F.6(7)/2015-LGE(S) dated 14.09.2015, whereby such amendment has been made in
respect of District NaushahroFeroze in Column No.3 against Sr.No.5 (69) in
partial modification of Election Commission
Notification of even number dated 10.7.2015, whereby the name of earlier
Returning Officer namely Ashraf Ali
Ujjan has been replaced with present Returning Officer, on the ground that
latter is related to the MPA of the area who belonged to ruling party.
Learned
Counsel for the petitioner was directed to assist this Court as to whether any
illegality has been made while issuing any notification, as prima-facie the Election Commission is
competent to make such appointments or amendments as per the relevant law and
rules. Learned Counsel could not point-out any illegality and submitted that
the appointment is based on the political grounds, when he was confronted with
the effect of such allegations, learned Counsel has not been able to refer any
such material which may substantiate such allegations which otherwise are
vague. Furthermore, the elections are
scheduled on 19.11.2015 and we are not inclined to create any hindrance in
smooth election process on any flimsy ground. Accordingly, instant petition
being devoid of any merits is dismissed in limine along with listed
applications.
JUDGE
JUDGE
A.R.BROHI