IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Constitutional Petition No.D-500 of 2018

Present:

Mr. Justice Rasheed Ahmed Soomro,

Mr. Justice Irshad Ali Shah,

Petitioner                :     In person.

Respondents           :    Through Mr.Qurban Ali Malano,

Advocate for private respondent,

Mr.Rafique Ahmed K. Abro, Advocate for Election Commission of  Pakistan  

Mr. Abdul Rasheed Abro, Assistant Attorney General Pakistan.

Date of hearing       :    19.07.2018          

Date of decision      :    19.07.2018                   

O R D E R

IRSHAD ALI SHAH, J- The facts in brief leading to passing of instant order are that the private respondent filed his nomination paper to contest Election from NA-198, Shikarpur-I. It was objected by the petitioner by way of filing his objection, those were over-ruled and consequently, the nomination paper of the private respondent was accepted. The petitioner preferred an Election Appeal, it was dismissed by learned Election Appellate Tribunal Sukkur vide order dated 27.06.2018, as having become abated. The petitioner being aggrieved of the above said orders have impugned the same before this Court.

2.                At the very outset, it is stated by learned counsel for private respondent that the private respondent has retired from the contest and such retirement has been accepted by learned Returning officer. By contending so, he sought for dismissal of the instant constitutional petition as according to him, it has become infructuous.

3.                The petitioner has opposed to dismissal of the instant constitutional petition as infructuous by contending that the matter requires adjudication on its merits.                

4.                Learned counsel for Election Commission of Pakistan as well as learned Assistant Attorney General Pakistan also sought for dismissal of the instant constitutional petition as according to them it has become infructuous.

5.                We have considered the above arguments and perused the record.

6.                 The petitioner has sought for rejection of nomination paper of the private respondent, which is no more in field after his retirement from the contest. In that situation, no order is required to be passed on merit of the case.  The instant constitutional petition having become infructuous is dismissed accordingly.

                                                                                                JUDGE

                                                                   JUDGE

--