IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Constitutional Petition No.D-551 of 2018

Present:

Mr.Justice Rasheed Ahmed Soomro,

Mr.Justice Irshad Ali Shah

Petitioner : Through Mr.Zulfiqar Ali Sangi, Advocate

Respondents : Through Mr.Haq Nawaz Talpur & Mr.Saeed Ahmed Bijarani, Advocates for private respondent,

Mr.Rafique Ahmed K.Abro,

Advocate for Election Commission

Mr.Abdul Rasheed Abro, Assistant Attorney General Pakistan.

Date of hearing : 18.07.2018

Date of decision : 19.07.2018

O R D E R

IRSHAD ALI SHAH, J.- The facts in brief necessary for disposal of instant constitutional petition are that by way of Order/Letter/Notification dated 29.06.2018 was declared to be returned/successful/unopposed candidate from PS-06, Kashmore-III, by learned Returning Officer. The petitioner by way of instant constitutional petition has sought for declaration of above said Order/Letter/Notification, to be null and void, as according to him, the private respondent was not qualifying to contest election for the reason that in last General Election, 2013, at the time of submission of his nomination paper to contest election for NA-209, Jacobabad-II, he submitted a fake degree of Federal Urdu University of Arts, Sciences and Technology.

2. It is contended by learned counsel for the petitioner that the private respondent contested the last General Election 2013, by filing a false declaration that he is having degree issued by Federal Urdu University of Arts, Sciences and Technology, which was found to be fake and in that respect the finding was arrived at by the Hon’ble High Court of Sindh vide judgment dated 07^th November, 2014, while deciding C.P.No.D-3371/2013. By contending so, he sought for declaration of result of the private respondent as successful/unopposed candidate from the above said constituency as null and void.

3. It is contended by learned counsel for the private respondent that the judgment of Hon’ble High Court of Sindh referred by learned counsel for the petitioner, on challenge by the private respondent by way of filing Civil Petition No.2195/2014, was set-aside by the Hon’ble Supreme Court of Pakistan vide judgment dated 05^th December, 2014. By contending so, he sought for dismissal of the instant constitutional petition, as according to them the factual controversy could not be resolved by this Court in exercise of its constitutional jurisdiction.

4. Learned counsel for Election Commission of Pakistan and Assistant Attorney General Pakistan have sought for dismissal of the instant constitutional petition by contending that the petitioner is having no locus-standi to challenge the above said Order/Letter/Notification, whereby the private respondent has been declared to be successful/unopposed candidate from the above said constituency.

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

6. Admittedly, the judgment passed by the Hon’ble High Court of Sindh referred by learned counsel for the petitioner was set-aside by the Hon’ble Supreme Court of Pakistan with a liberty to the private respondent therein to seek any other remedy available to him under the law. It is not made known by the petitioner whether any other remedy available at law was sought for by the private respondent of that litigation. The controversy with regard to degree produced in last General Election 2013, being fake or otherwise could not be resolved by this Court. If for the sake of arguments, it is believed that such issue could be resolved by this Court now, then it requires evidence and no evidence could be recorded by this Court in exercise of its constitutional jurisdiction.

7. In view of the facts and reasons discussed above, the instant constitutional petition is dismissed accordingly. No order as to costs.

JUDGE