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