ORDER SHEET
IN THE HIGH
COURT OF SINDH,
Election
Appeal No.55 of 2018
________________________________________________________
Date
Order with
signature of Judge
________________________________________________________
1. For order on CMA
No.5738/2018
2. For order on CMA
No.5739/2018
3. For hearing of
main case
-----------------------------------------------
22.06.2018
Syed Mureed Ali Shah, advocate
for appellant.
======
1) Urgent Application is granted.
2] Exemption granted subject to all just
exceptions.
3) Learned counsel for the appellant contends
that the nomination paper was rejected on the ground that her name was
mentioned in nomination paper as Rukhsana Parveen whereas her name is mentioned
in the letter dated June 10, 2018/list of candidates issued by the General
Secretariat, Pakistan Peoples Party Parliamentarians (PPPP) at Sr.No.23 as
Rukhsana Shah. Learned counsel for the appellant further submits that the party
(PPPP) has issued another letter dated June 20, 2018 (with reference to letter
dated June 10, 2018) available at page-35 with MoP for correcting the name of
the appellant as Rukhsana Parveen W/o Syed Abdullah Shah (instead of Rukhsana
Shah) and CNIC # 4140957155272.
Learned
counsel for the appellant has drawn my attention to Section 62(9)(b)(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)(b)(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”.
Learned
counsel has further referred to Identity Card of appellant as MPA issued by the
Provincial Assembly of Sindh available at page-13 with the memo of petition
whereon name of the appellant is appearing as Rukhsana Parveen alias Rukhsana
Shah for reserved seat for women for two elections i.e. 2008 to 2013 and 2013
to 2018.
To
support his contention 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 of the seconder
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. Issue notice to the
respondents for the next date of hearing.
To come up on 25.06.2018 at 11:30 A.M.
JUDGE