ORDER
SHEET
IN
THE HIGH COURT OF SINDH, BENCH AT SUKKUR.
Constt:
Petition No.D- 3650
of 2015
DATE ORDER
WITH SIGNATURE OF HON’BLE JUDGE
1-
For orders on CMA.No.10445/2015
(1 Rule 10 CPC)
2-
For Katcha
Peshi.
15th.
October, 2015.
Mr.
Shafqat Raheem Rajput,
Advocate for petitioner.
Mr.Khalid Ahmed Buriro, Advocate
for Intervenors.
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.95 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 along with listed application in terms of
orders already passed by this Court in the aforesaid constitutional petitions.
JUDGE
JUDGE
A.R.BROHI