ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Constt: Petition No.D- 3648 of 2015

DATE ORDER WITH SIGNATURE OF HON’BLE JUDGE

FOR KATCHA PESHI.

15^th. October, 2015.

Mr. Shafqat Raheem Rajput, Advocate for petitioner.

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

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

Through instant petition, petitioner has impugned the concurrent findings of Returning Officer as well as Appellate Authority i.e District & Sessions Judge/Appellate Authority, Sukkur in Election Appeal No.141 of 2015, who has dismissed the appeal of the petitioner by maintaining the order passed by Returning Officer Union Committee 01 to 05 SMC, Sukkur, on the ground that the Proposer and Seconder of the petitioner were not enrolled on the role of the same Ward i.e Ward No.2.

Notices were issued, pursuant to which comments have been filed on behalf of respondents, whereas, at the very outset, learned Asstt: A.G as well as D.A.G representing the respondents submit that under similar circumstances this Court has already dismissed two petitions bearing C.P.No.D- 3616/2015 Abdul Qadeer Arain Vs. Federation of Pakistan & others and C.P.No.D- 3627/2015 Sultan Khan Vs. Federation of Pakistan & others. It has been prayed that instant petition is liable to be dismissed in similar terms.

Files of cases were summoned to verify such position, and after perusal of the orders passed in the above petitions, learned Counsel for the petitioner could not controvert the legal position is declared by this Court in above cited petitions.

Keeping in view the facts and circumstances of instant case as well as facts of the above cases, it appears that the legal position has already been examined and decided by this Court in the aforesaid petitions. We do not find any substance in the instant petition, which is hereby dismissed in terms of orders already passed by this Court in the aforesaid constitutional petitions.

JUDGE

JUDGE

A.R.BROHI