ORDER SHEET
IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
(APPELLATE TRIBUNAL)
Election Appeal No. S – 05 of 2019
|
Date
of hearing |
Order with signature
of Judge |
Fresh case
1.
For orders on CMA No.647/2019 (UA)
2.
For orders on office objections No.1 & 4
at Flag-A
3.
For orders on CMA No.648/2019 (Ex)
4.
For hearing of main case
24.06.2019
Mr. Jamshed Ahmed
Faiz, Advocate for the appellant.
.-.-.-.-.-.-.-.-.-.-
1. Urgency granted.
2
to 4. This appeal has been filed on behalf
of the appellant against order dated 18.06.2019, though which his objections
against acceptance of nomination papers of respondent No.1 have been dismissed.
Office has raised an objection regarding limitation in filing of this appeal,
which has been presented on 22.06.2019, whereas, the last date for filing of
appeal was 21.06.2019 as notified by the Election Commission of Pakistan.
While confronted, learned counsel
for the appellant submits that the appellant came before this Court on
21.06.2019 around 12:45 p.m. under the impression that the office would be open
till 05:00 p.m. He submits that therefore the appeal is in time, whereas, on
the same date i.e. 21.06.2019, copy of the appeal was received in the office of
Deputy Attorney General. He also submits that there is no requirement of Affidavit
in filing such an appeal.
I have heard the learned counsel and
perused the record.
Along with this appeal, an affidavit
of the appellant is annexed, and perusal of the same reflects that the date
mentioned in the affidavit is 22.06.2019 and not 21.06.2019, meaning thereby,
that the affidavit was at least not annexed or filed, nor was supposed to be
filed along with the appeal. However, surprisingly in the affidavit, nothing
has been stated by the appellant as to the arguments so raised by the appellant’s
counsel that the appeal was presented within time on 21.06.2019. If that is the
case, then at least such fact that an attempt was made to present this appeal
within time on 21.06.2019, ought to have disclosed, which could have been
considered by the Tribunal; but this is not the case. The Affidavit is
completely silent, whereas, it has been typed and filed on 22.06.2019, and
therefore, even otherwise cannot be considered.
In these circumstances, the stance
of the appellant does not appear to be correct and is not supported by the
record before this Tribunal. Admittedly, office has received the appeal on
22.06.2019, therefore, the same is time barred and is dismissed
accordingly.
J U D G E
Abdul Basit