IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Constitutional Petition No.D-511 of 2018

Present

Mr.Justice Rasheed Ahmed Soomro,

Mr.Justice Irshad Ali Shah

Petitioner : Through Mr.Zulfiqar Ali Sangi, Advocate

Respondents : Through Mr.Ghulam Dastagir Shahani,

Advocate for private respondent,

Mr.Ali Abbas, Advocate for respondent No.09.

Mr.Rafique Ahmed K.Abro,

Advocate for Election Commission

Mr.Abid Qadri, State Counsel.

Date of hearing : 18.07.2018

Date of decision : 18.07.2018

O R D E R

IRSHAD ALI SHAH, J- The facts in brief necessary for disposal of instant constitutional petition are that the private respondent filed a nomination paper to contest Election from PS-05, Kashmore-III. The petitioner filed his objection to such nomination paper, those were overruled and consequently the nomination paper of the private respondent was accepted by learned Returning Officer vide his order dated 14.06.2018. The acceptance of the nomination paper was challenged by the petitioner by way of filing an Election Appeal. It was also dismissed by learned Election Appellate Tribunal Sukkur, vide order dated 27.06.2018. The petitioner has impugned both of the above said orders before this Court by way of instant constitutional petition.

2. It is contended by learned counsel for the petitioner that the private respondent concealed his Bank Accounts and Landed Property at Kandhkot and Thatta, he has defaulted in payment of Tax, as such he could not be permitted to contest election. By contending so, he sought for rejection of the nomination paper of the petitioner.

3. It is contended by learned counsel for private respondent that the landed property which the private respondent was having at Kandhkot, he has already sold by way of registered sale deed, the landed property which the private respondent was having at Thatta, he has already gifted out to his sister Mst.Bakhshul, the private respondent has committed no default in payment of tax as his case on appeal was remanded back to concerned officers, to be adjudged afresh, the private respondent has concealed no Bank Account, as those as per him are taking mention in audit report. By contending so, he sought for dismissal of the instant constitutional petition.

4. In response to above, it is contended by learned counsel for the petitioner that the documents which were proving the private respondent to be owner of the landed property at Thatta, were not produced before learned Election Appellate Tribunal Sukkur by the concerned officials and the gift deed which the private respondent has allegedly executed in favour of his sister Mst.Bakhshul is fake and it is not satisfying the requirements of law.

5. It is contended by learned counsel for respondent No.09 that at present the private respondent could not be said to have committed default in payment of tax, as his case is pending determination before the concerned officers.

6. Learned counsel for Election Commission of Pakistan and learned State Counsel have sought for dismissal of the instant constitutional petition by contending that entire process to conduct election has already been completed.

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

8. At present the tax issue of the private respondent is pending determination before the concerned officers, as such it would be hard to make conclusion that the petitioner has been adjudged as tax defaulter. The landed property, which the petitioner was having, has already been sold out by him by way of registered sale deed. In that situation, it would be hard to make conclusion that he has concealed such property from his assets. The landed property which the private respondent was having at Thatta as per him he has already gifted out to his sister Mst.Bakhshul by way of executing gift deed in her favour. Whether such gift deed is fake or it is not satisfying the requirement of law being issue of fact could not be resolved by this Court in exercise of its constitutional jurisdiction. No bank account as per the private respondent he has concealed, which may make him disqualified to contest the election. If for the sake of arguments, it is believed that the private respondent has concealed the bank accounts as is claimed to be by the petitioner even then such rival claims could hardly be resolved by this Court in exercise of its constitutional jurisdiction without recording evidence. No illegality of irregularity is apparent of the impugned order of learned Returning officer of learned Election Appellate Tribunal Sukkur which may justify making interference with them.

Above are the reasons of our short order dated 18.07.2018, whereby the instant constitutional petition was dismissed. No order as to costs.

J U D G E