ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Constt: Petition No.D-        4035   of 2015

DATE                                     ORDER WITH SIGNATURE OF HON’BLE JUDGE

 

FOR KATCHA PESHI.

03rd. November, 2015.

 

M/s  Zulfiqar Ali Panhwar&IllahiBuxJamali,      Advocate along with petitioner.

                        Mr. Noor Hassan Malik, Asstt: A.G.

                        Mr. MianMumtazRabbani, D.A.G

 

                        Learned Counsel for the petitioner and learned Asstt:A.G and D.A.G, at the very outset submit that the controversy raised in the instant petition, wherein, the joint nomination form of the petitioner has been rejected on the ground that the seconder belonged to different electoral unit, has been already decided by this Court in number of constitution petitions including C.P.No.D- 3616, 3627 and 3654 of 2015 and others, and submit that instant petition may also be disposed of in similar terms.

 

                        From perusal of the record it appears that this Court has already decided the legal controversy while following the Judgment of Hon’ble Supreme Court  and Full bench of Lahore High Court in the cases of  (i) Rana Muhammad TajammalHussain v. RanaShaukatMahmood, reported as P L D 2007 Supreme Court 277 and (ii) MudassarQayyumNahra v. Election Tribunal, Punjab, Lahore  and 10 others  reported as 2003 M L D 1089 (Lahore) as well as, decisions of this bench in C.P.No.D-3616 of 2015 Abdul QadeerArain v. Federation of Pakistan and others vide order dated 08.10.2015 and  C.P.No.D-3627 of 2015 case of Sultan Khan v. Federation of Pakistan and others vide order dated 15.10.2015.    We are of the considered opinion that the proposer and seconder of a candidate have to be of same electoral unit (constituency) from which a candidate has filed his nomination paper and contesting elections, whereas, in case of any defect in the nomination paper in this account, is of substantial nature, which cannot be cured at subsequent stage and the nomination paper found invalid on this account, cannot be allowed to be validated afterwards, either by the Returning Officer, Election Tribunal or for that matter even by this Court or Hon’ble Supreme Court as held in the above cited cases. In view of herein above facts and circumstances of this case and by respectfully following the ratio of judgment of Hon’ble Supreme Court and full bench of Lahore High Court and the decisions of this Bench, instant petition is dismissed in same terms.

JUDGE

JUDGE         

A.R.BROHI