ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Constt: Petition No.D-        3891   of 2015

DATE                                     ORDER WITH SIGNATURE OF HON’BLE JUDGE

 

1-     For KatchaPeshi.

2-     For hearing of CMA.No.10860/2015

 

03rd. November, 2015.

 

                        Mr. Shabbir Ali Bozdar, Advocate for Petitioner

                        M/s  GhulamMurtazaKorai&SaqibKalhoro,

 Advocate for Respondents No.5 & 6.

 

                        Mr. Noor Hassan Malik, Asstt: A.G

                        Mr. MianMumtazRabbani, D.A.G.

 

 

                        Through instant petition, the petitioner has impugned the orders passed by Returning Officer and Appellate Authority, whereby objections raised by the petitioner in respect of acceptance of nomination form of respondents No.5 & 6, has been dismissed.

                        Learned Counsel for the petitioner submits that respondent No.5 & 6 have suppressed their assets and are not qualified to contest elections pursuant to Section 36(1) (i) of Sindh Local Government At, 2013.

                        Notices were issued, pursuant to which M/s SaqibKalhoro and GhulamMurtazaKorai, Advocates have shown appearance on behalf of respondents No.5 and submit that the allegations of petitioner besides false one is not attracted to the respondents No.5 who is no more a government contractor, whereas he is running his Petrol pump and since then he has not been awarded any contractual work. Learned Counsel further submits that the respondent No.5 has already filed such undertaking before the authorities below and he also submits that respondent No.5 undertakes that if he will succeed in the election, he will not carry any contractual work in the electoral U.C during his entire tenure.

                        Learned Asstt: A.G and D.A.G have not controverted the submissions of learned Counsel for respondent No.5 and supported the orders of authorities below and prayed that instant petition may be dismissed.

                        We have heard the learned Counsel for the parties and perused the record with their assistance. Learned Counsel for respondent No.5 has undertaken before authorities as well as before this Court that the respondent No.5 will not carry any work in electoral Union Council during his entire tenure, therefore, the impugned orders passed by authorities below do not suffer from any illegality, consequently, instant petition is dismissed in limine along with listed application.

                       

JUDGE

JUDGE         

A.R.BROHI