ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Constt: Petition No.D-   4265 of 2015

DATE                                     ORDER WITH SIGNATURE OF HON’BLE JUDGE

 

FOR KATCHA PESHI.

 

17th. November, 2015.

 

                        Mr. Khan Muhammad Sangi, Advocate for  petitioners.

                        Mr. Liaquat Ali Shar, Addl: A.G.

Mr. Mian Mumtaz Rabbani, D.A.G

                   

                        Through instant petition, the petitioners have alleged that Returning Officer has not announced the final result in respect of Elections in UC-8 Adam Shah, Sukkur. It has been prayed that if the results are not being announced on account of some illegality or irregularity, the respondents may be directed to               re-poll the elections of polling station GPS, Railway Sleeper Factory, Sukkur.

                        Notices were issued, pursuant to which Mr. Khuda Bux Chohan, Advocate filed his Vakalatnama as well as comments on behalf of respondent No.2 along with annexures and submits that no final official result has been announced in respect of aforesaid polling station in view of snatching and destroyed the polling record by some unknown persons for which an F.I.R  No.144/2015  has also been registered at police station, “A” Section, Sukkur, whereas, the Returning Officer has recommended for re-polling to the District Returning Officer, Sukkur who has also intimated such fact to the Election Commission of Pakistan, however, response in this regard is awaited. He has referred various letters written by the Returning Officer as well as District Returning Officer to the Election Commission of Pakistan in this regard which have been annexed with the comments filed by the respondent No.2.

                        Mr. Achar Khan Gabole, Advocate shown appearances on behalf of one of the contesting candidates and submits that petitioners have not impleaded the said contesting candidate as party, whereas, unofficial results were announced, however, in view of the comments filed on behalf of respondent No.2, he has submitted that the fate of such elections and re-polling on the above polling station will be eventually decided by the Provincial Election Commissioner,Sindh, therefore, instant petition may be dismissed.

 

                        Learned Addl: A.G as well as D.A.G supported the comments filed on behalf of respondent No.2 and submit that instant petition is misconceived, whereas, petitioners may approach the Election Commission of Pakistan for further remedy in this regard, while confronted with such position, learned Counsel for petitioners does not press instant petition and submits that he will seek remedy before the Election Commission of Pakistan in accordance with law.

 

                        Accordingly, instant petition is disposed of. It is expected that Provincial Election Commissioner, Sindh may decide the fate regarding announcement of results or re-polling of the aforesaid polling station within a reasonable time. Copy of this order may be communicated to the Provincial Election Commissioner, Sindh Karachi, to ensure compliance.

                                                            JUDGE

JUDGE

A.R.BROHI