ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Constt: Petition No.D- 3916 of 2015

DATE ORDER WITH SIGNATURE OF HON’BLE JUDGE

1- For KatchaPeshi.

2- For hearing of CMA.No.10924/2015

03^rd. November, 2015.

Mr. GhulamShabbirDayo, Advocate along with petitioner.

Mr. Noor Hassan Malik, Asstt: A.G

Mr. MianMumtazRabbani, D.A.G.

Mr. Shabbir Ali Bozdar, Advocate for Respondent No.6.

Through instant petition, the petitioner has impugned the order dated 12.10.2015, passed by the Appellate Authority/ District & Sessions Judge, NaushahroFeroze in Election Appeal No.174 of 2015, whereby the appeal filed by the respondent No.6 has been allowed and the nomination paper of the petitioner has been rejected, on the ground of default in payment of PTCL charges.

Learned Counsel for petitioner submits that no objection whatsoever was raised by respondent No.6 or any other authority before the Returning Officer with regard to alleged outstanding PTCL charges who accepted the nomination papers, whereas, such objection was raised before the appellate authority, who did not provide any opportunity to the petitioner to pay such bills and the impugned order has been passed whereby the nomination paper of the petitioner has been rejected. It has been contended by learned Counsel that the petitioner has paid the defaulted amount of PTCL charges Rs.10,010/- and also Rs.20950/-, Rs.2170/-, and Rs.5830/- which have been issued by the PTCL department subsequently, when the petitioner approached them, as the same were allegedly outstanding in respect of some previous telephone connections, however, the petitioner has paid all the PTCL charges, so that he may not be treated as defaulter and may be allowed to contest the forthcoming elections, whereas, the petitioner otherwise is qualified to contest the elections, hence prays that the impugned order may be set-aside and the nomination form of the petitioner may be accepted and he may be allowed to contest the forthcoming elections.

Notices were issued, pursuant to which Mr. Muhammad SaleemJessar, Advocate filed Vakalatnama as well as objections on behalf of respondent No.6 and submits that since the petitioner was defaulter of PTCL charges, therefore, he was not entitled to contest the elections. It has been further stated that petitioner is also defaulter in respect of SEPCO charges as he is running his business along with his father in the name of New Chakwal, Goods Transport Company, such contention of learned Counsel for respondent No.6 has been vehemently opposed by the learned Counsel for petitioner who submits that petitioner is an independent person, whereas such objection has been raised for the first time before this Court just to deprive the petitioner from contesting elections.

Learned Asstt: A.G as well as D.A.G, in view of the deposit of PTCL charges voluntarily by the petitioner, support the contention of learned Counsel for the petitioner and further submit that similar petitions have already been allowed by this bench as well as by various benches of this Court and Principal Seat, whereby, after payment of utility charges the candidates have been allowed to participate in the elections.

We have heard the learned Counsel for the parties and perused the record and impugned order passed by the Appellate Authority passed in the instant case who rejected the nomination paper of the petitioner in view of the default in payment of PTCL charges. Admittedly, the petitioner has paid all the charges voluntarily and prima-facie there is no other defect or deficiency in the nomination paper filed by the petitioner. Accordingly instant petition along with listed application stands allowed and the impugned order passed by the Appellate Authority is hereby set-aside and the nomination paper of the petitioner stands accepted. However the respondents are at liberty to raise such objection in respect of eligibility of petitioner before the proper forum by filing appropriate proceedings, in accordance with law.

JUDGE

A.R.BROHI