ORDER SHEET
IN THE HIGH
COURT OF SINDH,
Election
Appeal No.143 of 2018
________________________________________________________
Date
Order with
signature of Judge
________________________________________________________
1. For order on CMA
No.5929/2018
2. For order on CMA
No.5930/2018
3. For hearing of
main case
-----------------------------------------------
23.06.2018
Appellant
present in person.
======
1) Urgent
Application is granted.
2] Exemption granted subject to all just
exceptions.
3) Being dissatisfied and aggrieved with
the order dated 12.06.2018 passed by the respondent No.1 whereby the nomination
form of respondent No.1 were accepted for reserved seat for minorities the
appellant has filed instant Appeal.
Main contention
of the appellant is that the respondent No.3 is disqualified to be elected as
Member of Provincial Assembly by virtue of Article 62 and 63 of the
Constitution for submitting forge and fake degree and concealment of assets. Per
section 62(1)&(3) of the Elections Act, 2017 a voter of the
constituency may file objections to the candidature of a
candidate of that constituency who has been nominated or whose name has been
included in the party list submitted by a political party. For the sake of
convenience section 62(1)&(3) is being reproduce
hereunder:-
“62.
Scrutiny.— (1) Any voter of a constituency may file
objections to the candidature of a candidate of that constituency who has been
nominated or whose name has been included in the party list submitted by a political
party for election to an Assembly before the Returning Officer within the
period specified by the Commission for the scrutiny of nomination papers of
candidates contesting election to an Assembly.
(2)
…………….
(3)
A voter who has filed an objection to the candidature of a candidate shall only
attend the scrutiny of the nomination paper of that candidate.
(4)
………….
(5)
…………”
Admittedly the appellant being Muslim is neither a
voter of the said constituency nor any objection was filed by him before
the Returning Officer prior to acceptance of nomination papers of respondent
No.3. According to the appellant nomination papers of the respondent No.3 were
accepted on 12.06.2018 and whereas the objections available as annexure “B” at
page-107 with MoA bears date 19.06.2018. Even objections do not have
acknowledgement to prove that the same were submitted before the respondents
Nos.1 and 2. No receipt of courier service or any mode of service prescribed
under the law is filed by the appellant alongwith instant appeal to establish
service of objection upon respondents Nos.1 and 2. The appellant has failed to produce
any proof / verification from any Board of Education or any University that the
testimonial / certificates / degrees of the respondent No.3 are fake.
In view of the
above circumstances, the appellant has failed to establish his case against the
respondent No.3 therefore, I find no reason to
interfere in the order impugned through this appeal. Hence, instant Election
Appeal is hereby dismissed in limine.
JUDGE