ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Constt: Petition No.D-        3730   of 2015

DATE                         ORDER WITH SIGNATURE OF HON’BLE JUDGE

1-     For orders on office objection at Flag “A”

2-     For Katcha Peshi.

3-     For hearing of CMA.No.10444/2015 (Stay)

 

28th. October, 2015.

 

                        Mr. Shahid Ali Phulpoto, Advocate for petitioner.

                        Mr. Zulfiqar Ali Sangi, Asstt: A.G.

                        Mr. Mehmood Ahmed, Standing Counsel.

 

                        Through instant petition, petitioner has impugned order passed by Returning Officer, Taluka Nara, whereby, the nomination form of respondent No.3 was accepted, on the ground that since an F.I.R was registered against respondent No.3 in the year, 2013, therefore, he was not eligible to contest elections.

                        Notice were issued to the respondents, pursuant to which learned Standing Counsel and learned Asstt: A.G have shown appearances and raised objection with regard to maintainability of instant petition on the ground that neither any objection was raised before the Returning Officer at the time of scrutiny of nomination form  in respect of respondent No.3, nor any appeal was filed by the petitioner by raising such objection within prescribed period, whereas petitioner is also a contesting candidate from the same Union Council, however, the petitioner has approached this Court directly by raising such objection, whereas, rspondnt has not been confronted. It has been contended that factual controversy has been raised in the instant petition which cannot be resolved in Constitutional jurisdiction under Article 199 of the Constitution. Learned State Counsel further submit that under similar circumstances, this Court has already dismissed C.P.No.D-3685, 3731 & 3938 of 2015, whereas, according to learned State Counsel mere registration of F.I.R against a candidate, otherwise, does not disentitle him from contesting election as per Election Rules.

                        We have heard the learned Counsel for petitioner and learned Asstt: A.G as well as Standing Counsel and perused the record, which reflects that no objection whatsoever was raised by the petitioner or any one before the Returning Officer at the time of scrutiny of the nomination form of respondent No.3, whereas, no appeal has been filed by petitioner in respect of such acceptance of nomination form by the Returning Officer with prescribed period. However, the petitioner has chosen to directly approach this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, by alleging that since an F.I.R was registered against respondent No.3 in the year, 2013, therefore, he is not entitled to contest elections. However, petitioner has not been able to assist as to the fate of alleged FIR or present stage of the case. Since no opportunity has been provided to the respondent No.3 as he not confronted with such allegation at the relevant time before relevant forum, therefore, we are not inclined to entertain such disputed fact in this petition, which otherwise cannot be decided at this stage under  constitutional jurisdiction. We have already dismissed C.P.No.D- 3685, 3731 and 3938 of 2015 on similar grounds, accordingly, instant petition is also dismissed along with listed application. However, the petitioner is at liberty to challenge the eligibility of respondent No.3 before Election Commission or Tribunal, in accordance with law.

            JUDGE

JUDGE

A.R.BROHI