ORDER SHEET

 

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Constt: Petition No.D-            3923    of 2015

 

DATE                                     ORDER WITH SIGNATURE OF HON’BLE JUDGE

FOR KATCHA PESHI.

03rd. November, 2015.

 

Mr. Achar Khan Gabole, Advocate for petitioner.

Mr. Noor Hassan Malik, Asstt: A.G

Mr. MianMumtazRabbani, D.A.G.

 

 

                        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.56 of 2015, whereby the appeal filed by the respondent No.5 has been allowed and the nomination paper of the petitioner has been rejected, on the ground of default in payment of SEPCO charges.

                        Learned Counsel for petitioner submits that no such objection was raised by the respondent No.5 or SEPCO authorities at the time of filing objections nor such bill was issued by SEPCO, whereas, at the instance of respondent, who have generated a false exorbitant bill. However, the petitioner has now paid the SEPCO dues amounting to Rs.2,58,916-00, whereas, if the Returning Officer or Appellate Authority would have confronted the petitioner with such objection, and would have granted time to pay such bill, the said outstanding amount in respect of utility charges could have been paid earlier. Per learned Counsel, except above objection, which has been removed on voluntarily payment of such bill by the petitioner, the petitioner is otherwise fully eligible to contest the forthcoming 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 Asim Malik, Advocate filed Vakalatnama  as well as objections on behalf of respondent No.5  and submits that since the petitioner was defaulter of SEPCO charges, therefore, he was not entitled to contest the elections.

                        Learned Asstt: A.G and D.A.G contended that the petitioner was not confronted with such objection regarding default in respect of SEPCO charges by the Returning Officer nor was provided any opportunity by the Appellate Authority, to cure such defect by making payment of electricity charges,  therefore, the petitioner could not remove such defect, which is not substantial in nature, particularly the said bill has been paid voluntarily. It has come on record that the petitioner has paid such outstanding charges of SEPCO hence, there is no default on his part, therefore, the impugned order may be set-aside and the nomination form of the petitioner may be accepted.

                        We have heard the learned Counsel for the parties and perused the record and impugned order passed by the Appellate Authority in the instant case, which reflects that the nomination paper of the petitioner was rejected on the ground of default in payment of SEPCO charges, whereas, petitioner was neither confronted with such objection nor such opportunity was provided to petitioner for payment of such outstanding charges by the appellate authority. The petitioner has voluntarily paid such amount in respect of SEPCO charges, and presently there is no default on the part of the petitioner in this regard, whereas, under similar circumstances, this bench as well as other benches of this Court, have already allowed such candidates to contest elections on payment of defaulted amount of the utility bills. Accordingly, instant petition stands allowed and impugned order is set-aside. The Returning Officer is directed to accept the nomination paper of the petitioner and issue Form VIII in accordance with law at earliest.

 

JUDGE

 

JUDGE         

A.R.BROHI