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