ORDER SHEET
IN THE HIGH
COURT OF SINDH,
Election
Appeal No.173 of 2018
________________________________________________________
Date
Order with
signature of Judge
________________________________________________________
For hearing of main
case
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27.06.2018
Mr. Hameedullah Dahri, advocate
for petitioner.
Mr. Muhammad Ayub Khattak, Law
Officer for respondents
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This appeal has been filed against
the impugned order passed by the respondent No.1 on 19.06.2018 whereby nomination
paper of the appellant has been rejected on the ground that her name was
mentioned in nomination paper as Shagufta Yasmeen and whereas her name is
mentioned as Shagufta Naaz in the list of candidates in order of priority at
Sr.No.10 submitted by the political party namely P.T.I.. Learned counsel for
the appellant contends that in CNIC of the appellant bearing No.44107-8651522-0
her name is mentioned as Shagufta Yasmeen. Learned counsel for the appellant
has drawn my attention to Section 62(9)(d)(ii) of the Elections
Act, 2017 and submits that the Returning Officer shall not reject nomination on
the ground of an error in regard to the name of the candidate. For the sake of
convenience, relevant law is being reproduced hereunder:-
“62(9)(d)(ii). the
Returning Officer shall not reject a nomination paper on the ground of any
defect which is not of a substantial nature and may allow any such defect to be
remedied forthwith, including an error in regard to the name, serial number in
the electoral roll or other particulars of the candidate or his proposer or
seconder so as to bring them in conformity with the corresponding entries in
the electoral roll”.
None
has come forward to lodge claim before the respondent No.1 that the appellant
Shagufta Naaz is not a lady in the name of Shagufta Yasmeen. Learned counsel
for the appellant has filed a letter dated 22.06.2018 of the Chairman of P.T.I.
sent to the respondents and stated therein that in the list of candidates for
reserved seats instead of real name of Shagufta Yasmeen as mentioned in her
CNIC her nick name Dr. Shagufta Niaz is given in the list. Requests is made
that her name is to be read as Shagufta Yasmeen W/o
Dr. Niaz Ahmed. Photocopy of that letter is enclosed as annexure “C” with the
MoP.
Learned
counsel for the appellant has relied upon the case of Sheikh Muhammad Akram
versus Abdul Ghafoor and 19 others reported in 2016 SCMR 733 wherein it has
been held that when
discrepancies/errors in particulars were not substantial in nature and
correction of such errors was specifically permitted under the law, such
discrepancies could not have been made a ground for unseating the returned
candidate in elections.
In view of above facts and
circumstances, instant Appeal is allowed, impugned order dated 19.06.2018 is
hereby set-aside and the respondents are directed to process the case of the
appellant for upcoming general elections for the reserve seat for women Sindh as
per list provided by the P.T.I.
Office is directed to communicate
this order to the respondent No.1 in ordinary course as well as by facsimile.
JUDGE