ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Constt: Petition No.D- 3383, 3478, 3657, 3661, 3664,                   3716, 3837, 3838, 3839, 3852,                                                                    3934 & 3935 of 2015

 

DATE                         ORDER WITH SIGNATURE OF HON’BLE JUDGE

 

1-     For Katcha Peshi.

2-     For orders on CMA.No.9549/2015 (Stay)

 

27th. October, 2015.

 

Mr. Achar Khan Gabole, Advocate for petitioners in

C.P.No.D- 3383/2015.

 

Mr. Haji Shamsuddin Rajper, Advocate for petitioner in

C.P.No.D- 3478 of 2015.

 

Mr. Saeed Ahmed A. Panhwar, Advocate for petitioner in

C.P.No.D- 3716 of 2015.

 

Mr. Rasool Bux I. Siyal, Advocate for petitioners in

C.P.No.D- 3837, 3838 & 3839 of 2015.

 

Mr. Muhammad Hamzo Buriro, Advocate for petitioners in C.P.No.D- 3934 & 3935 of 2015.

 

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

 

                        Mr. Mian Mumtaz Rabbani, D.A.G.

 

 

                        Learned Counsel for the parties in the above petitions submit that under similar circumstances, whereby the change of polling stations by the Returning Officers, was challenged by the petitioners before this Court and a Division Bench of this Court has passed the order dated 26.10.2015 in C.P.No.D- 3420, 3470, 3471, 3555, 3556, 3564, 3565, 3566, 3720, 3748, 3754, 3787, 3791, 3799, 3806, 3586, 3587, 3588, 3589, 3590, 3591, 3676, 3677, 3800, 3811, 3818, 3819, 3830, 3828, 3834, 3835, 3836, 3921, 3941, 3953, 3978, 3985, 3991, 3994, 4006, 4007, 4008, 4011, 4020, and 3973 of 2015 and submit that the instant petitions may also be disposed of in the same terms. Copy of such order has been placed on record, which is reproduced hereunder for the sake of brevity.

 

“By this common order, we intend to dispose of above mentioned Constitution Petitions filed by the petitioners on the grounds that the DROs have changed Polling Stations without any legal justification from the venue whereby General Elections-2013 were conducted under the influence and pressure of influential persons only to facilitate their voters and cause hardships for general public which is utter violation of the parameters and guidelines issued by the Election Commission of Pakistan for conducting forthcoming Local Bodies Elections-2015.

 

            Mr.Liaquat Ali Shar, learned AAG has placed on record a copy of order dated 22.10.2015, passed in Constitution Petition No.D-1170 of 2015, by High Court of Sindh, Circuit Court, Larkana, which is taken on record. Mr. Zulfiqar Ali Sangi, learned DAG produced a copy of guidelines dated 10th. August, 2015, issued by Election Commission of Pakistan, which is also taken on record. Learned AAG Sindh and learned DAG extended no objection.

 

            By consent of the parties, above mentioned petitions stand disposed of along with pending applications, on the following terms:-

 

“All the concerned District Returning Officers are directed to comply with the paragraph No.51 of Judgment of apex Court in the case of Workers’ Party Pakistan reported in PLD 2012 SC 681 as well as guidelines issued by the Election Commission of Pakistan, dated 10th. August, 2015 and resolve the grievances of the petitioners after affording adequate opportunity of hearing to all the contesting parties within three days”.

 

Copy of this order may be transmitted to A.A.G, Sindh, Deputy Attorney General, District Returning Officers and Returning Officers by fax and TCS for compliance.”

 

 

                        Accordingly, the above petitions stand disposed of in the above terms along with listed applications. Let copy of this order may be sent to the District Returning Officers today through Fax and may also be supplied to the Counsel for the petitioners on urgent basis.

                       

JUDGE

JUDGE

 

 

 

A.R.BROHI