ORDER  SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Election Appeal No.142 of 2018

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Date                         Order with signature of Judge

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For hearing of main case

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26.06.2018

 

Mr. Sheharyar Ibrahim Soho, advocate for appellant.

Mr. Muhammad Ayub Khattak Law Officer ECP.

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The appellant has challenged order dated 19.06.2018 passed by the respondent No.1 whereby nomination papers of the appellant submitted for contesting election on Reserved Seat for Women in National Assembly were rejected due to the national citizen of U.. as provided by the FIA Islamabad, therefore, this appeal is preferred with following prayers:-

 

“1.       Set aside the Impugned Order dated 19.06.2018, passed by the learned respondent No.1 whereby, he rejected the nomination form of the appellant.

 

2.         Accept the nomination form of the appellant and order for filing the Priority List of the female candidates for the reserved seats of women of Muttahida Majlis-e-Amal (MMA).

 

3.         Any other order (s) as deemed fit and proper by this Hon’able Court, in view of the facts and circumstances of the case.” 

 

 

Learned counsel for the appellant contends that the appellant was born in United Kingdom but never lived there and she grown up and obtained her educations in Pakistan and has been living all her life in Pakistan. Learned counsel for the appellant further contends that there is a difference between a person who acquires citizenship of a foreign country and a person who is/was only born in a foreign country. Learned counsel urged that the appellant never took Oath of allegiance of United Kingdom as she was born citizen of the said country but the respondent No.1 failed to distinguish between the two citizenship. Learned counsel for the appellant further contends that the appellant declared in the affidavit filed alongwith nomination form that she possesses Passport of U.K. and such fact was never suppressed by the appellant, therefore, findings of the respondent No.1 of rejection of nomination papers of the appellant have no value in the eyes of law as such fact was already disclosed in the nomination papers.

 

Notices were issued to the respondents on 23.06.2018 for 25.06.2018, which were duly served as per Bailiff’s report but on 25.06.2018 none was in  attendance on behalf of respondents and even no intimation was received therefore, respondent No.1 was directed to appear in person before this Court alongwith relevant record pertaining to the matter and reply to the Appeal without fail on next date of hearing i.e. 26.06.2018 (today). Today also none is in attendance on behalf of respondent No.1. However, Mr. Muhammad Ayub Khattak Law Officer of ECP is present but no comments/reply to the petition is filed as yet.

 

Heard learned counsel for the  parties, perused the material available on record carefully and relevant laws.

 

A perusal of material available on record, it appears that the appellant was born in U.K. on 19th January, 1968 as is evident from the certified copy of an Entry of Birth baring No.CJ 751558 available at page-43 as annexure “A/7” with MoA. Appellant has disclosed the fact that she possesses Foreign Passport bearing No.GBR-519007512 issued by the United Kingdom (U.K.) in the affidavit (at typed page-4) filed alongwith nomination papers for election to the Assemblies in General Election, 2018, which is available at page-25 as annexure “A/2” with memo of Appeal. The Appellant has not acquired the citizenship of U.K. by taking Oath of allegiance of United Kingdom and she grown up, got educations and residing in Pakistan therefore, Article 63(1)(C) is not applicable to the case of the appellant.

 

In view of above facts and circumstances, I am inclined to allow the present Appeal, set-aside the impugned order dated 19.06.2018 passed by the respondent No.1 and respondents are directed to process the case of the appellant to contest the General Elections, 2018 on reserved seat for women in Sindh as per list already provided by the Muttahida Majlis-e-Amal (MMA) wherein the name of the appellant is mentioned at Sr.No.2.      

                                                                                                            JUDGE