IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.
Constt:
Petition No.D- 3892 of 2015
DATE ORDER WITH
SIGNATURE OF HON’BLE JUDGE
1-
For KatchaPeshi.
2-
For hearing of CMA.No.10857/2015
03rd.
November, 2015.
Mr. Shabbir Ali Bozdar,
Advocate for Petitioner
M/s GhulamMurtazaKorai&SaqibKalhoro,
Advocate for Respondents No.5.
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, has been
dismissed.
Learned
Counsel for the petitioner submits that respondent No.5 has given false
statement and has suppressed his assets
and is 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 being false are not attracted in the case
of respondents No.5, who is no more a government contractor, whereas, his
license has already been cancelled in the year, 2010 and since then he has not
been awarded any contractual work. Learned Counsel further submits that
respondent No.5 has already filed such undertaking before the authorities below
and also undertakes before this court that if he will succeed in the election,
he will not undertake or carry out any contractual work in the electoral U.C
during his entire tenure.
Learned
Asstt: A.G and D.A.G do not controvert such position as stated by learned
Counsel for respondent No.5, and supported the impugned orders of authorities
below, and have prayed that instant petition may be dismissed.
We
have heard the learned Counsel for the parties and perused the record with
their assistance. Since learned Counsel for respondent No.5 has undertaken
before the election authorities as well as before this Court that the
respondent No.5 will not undertake any contractual work in electoral Union
Council from where he is contesting election during his entire tenure in case
he succeeds in election, therefore, we do not find any substance in the allegations
raised by petitioner which are otherwise factually incorrect. Moreover,
impugned orders passed by authorities below do not suffer from any error or
illegality, consequently, instant petition is dismissed in limine along with
listed application.
JUDGE
JUDGE
A.R.BROHI