ORDERSHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR____.

Const. Petition No. D- 1224 of 2018

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DATE             ORDER WITH SIGNATURE OF JUDGE ________________________________________________________________

 

1.     For  orders on office objection ‘A’.

2.     For hearing of main case.

 

 

19-07-2018.

 

 

Mr. J K Jarwar Advocate for petitioner.

M/S Muhammad Aslam Jatoi Assistant Attorney General and Khuda Dino Sangi for Election Commission of Pakistan.

 

                        -.-.-.-.-.-

            Through the instant constitution petitionBijarKhan has called in question order dated 11.06.2018 passed by learned District & sessions Judge / District Returning Officer Khairpur. Impugned order is reproduced as under:

                        “ Applicant / Objector namely Bijar Khan has raised objections on transfer / change of polling station Government Boys School TurpioWandh to Govt. Boys School Khan Muhammad Khemtio or Government Middle School Sher Muhammad Punjabi.

                        Heard objector, his advocate /objector and perused the relevant record. The proposed polling station in Government Boys School Khan Muhammad Khemtio is situated at the considerable distance from 1 km from population, having no facilities one room and out of reach of voters as such it would be inconvenient for the voters to cast vote and Government Middle School Sher Muhammad Punjabi polling already polling station. The proposal of polling station Government Boys School Khan Muhammad Khemtio is not justified, hence polling station in Government Boys School TurpioWandh having all facilities, including water, complete compound wall 02 rooms already established should shall remain intact for the forthcoming General Elections-2018.”

 

2.         It appears that objections were raised by applicant Bijar Khan on the change of Polling Station Government Boys School TurpioWandh to Government Boys School Khan Muhammad Khemtio or Govt. Middle School Sher Muhammad Punjabi. Learned D.R.Oafter hearing the applicant / objector came to the conclusion that proposal of Polling Station Govt. Boys School Khan Muhammad Khemtio is not justified. It was further observed that polling station in Government Boys School TurpioWandh has all facilities including water, complete compound wall and rooms. Finding of the D.R.O appears to be reasonable and justified and requires no interference. We have been informed by the counsel appearing for Election Commission of Pakistan that lists of polling station has already been finalized and published in official gazette and website on Election Commission of Pakistan. No case for interference is made out. Petition is without merit and the same is dismissed.

 

                                                                         JUDGE

 

 

                                                                        JUDGE

 

                                                                            

Irfan/PA.

 


 

petitioner Khan Muhammad Sharhas called in question order dated 09.06.2018 passed by learned District Returning OfficerKhairpur, whereby DROfound objections of the objector justified and polling station was ordered to be shifted to GPS Nawab Khan Rind.

2.                     Notices were issued against the respondents as well as DAG.

3.                     Learned counsel for petitioner argued that he is resident of village Nek MuhammadShar and voter of constituency NA-209 Khairpur-II. It is submitted that D.R.O has shifted polling Government Primary School Nek Muhammad Shar to Government Boys Primary School Nawab Khan Rind without any legal justification. It is further submitted that inconvenience would be caused to the voters of the area by such decision of D.R.O.

4.                     Learned D.A.G supported the orders of D.R.O, Representative of the Election Commission of Pakistan is present and submits that list of polling stations has already been finalized and notified in the official gazette and website of Election Commission of Pakistan.

5.                     We have found that petitioner failed to adopt legal course available to him under sub-section 8 of section 59 of Election Act 2017. List of Polling stations of the constituency has already been finalized as reported by Regional Election Commissioner Sukkur. Moreover D.R.O has assigned sound reasons for shifting the polling station to GPS Nawab Khan Rind. Finding of D.R.O requires no interference. Petition is without merit and the same is dismissed.

 

                                                                         JUDGE

 

                                                                        JUDGE

 

                                                                            

Irfan/PA.