IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.
Constt:
Petition No.D- 3910 of 2015
DATE ORDER WITH
SIGNATURE OF HON’BLE JUDGE
1-
For KatchaPeshi.
2-
For hearing of CMA.No.10943/2015
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 being false are not attracted in the case
of respondents No.5 who is not a government contractor, whereas, respondent
No.5 had only applied for issuance of N.T.N Certificate, however, he has never
undertaken any work as Contractor nor he is registered with the Pakistan
Engineering Council. Learned Counsel further submits that the 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 any contractual work in the electoral U.C during his entire
tenure.
Learned
Asstt: A.G and D.A.G do not controvert such positions 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 elections during his entire tenure, in cas
he succeeds in elections, 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