ORDERSHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR____.

Const.Petition No.D- 1301 of 2018

_________________________________________________________________ 

DATE             ORDER WITH SIGNATURE OF JUDGE ________________________________________________________________

 

1.     For orders on office objection at Flag ‘A’.

2.     For hearing of main case.

19-07-2018.

 

 

Mr.ShahzadoDreho Advocate for petitioner.

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

 

                        -.-.-.-.-.-

            Through the instant constitution petition petitioner has called in question order dated 26.06.2018 passed by learned Election Tribunal in Election Appeal No.37/2018 whereby appeal was dismissed.

2.         Notices were issued against the respondents as well as D.A.G.

3.         Learned counsel for petitioner submits that nomination paper was filed by petitioner Shoukat Ali before R.O PS 24Sukkur-III and it was rejected by the Returning Officer without application of judicial mind only on the ground that proposer KhurramNaeem belongs to constituency No.25. It is further argued that learned Election Tribunal has also not considered the legal and factual aspects of the case and rejected the appeal.

4.         Counsel for petitioner submits that constitutional right of the petitioner is involved and the order of the Returning Officer as well as Election Tribunal have been passed on technical grounds.

5.         Learned Assistant Attorney General and counsel appearing on behalf of Election Commission of Pakistan submits that it is requirement of the law that proposer and seconder must be of that constituency where the candidate filed his nomination paper. Reference has been made to the Section 60 of the Elections Act-2017.

6.         In order to appreciate the contention of learned counsel for the parties, Section 60 of the Elections Act 2017 is reproduced as under:

                        “ Any voter of a constituency, may propose or second the name of any qualified person to be a candidate for Member for that constituency  

7.         It is clear in Section 60 Elections Act,2017wherein it is mentioned that any voter of the constituency may propose or second the name of any qualified person to be a candidate for Member of that constituency but in the present case as reflected from the order of R.O proposer KhurramNaeem belongs to the constituency PS-25. Learned Election Tribunal carefully heard arguments and came to the conclusion that proposer KhurramNaeem does not belong to the same constituency. After filing of the nomination paper at subsequent stage it has been observed that appellant cannot be permitted to change his proposer or seconder. We agree with the finding of the Election Tribunal and found that there is no substance in the petition and the same is dismissed.

 

                                                                         JUDGE

 

                                                                        JUDGE

 

                                                                            

Irfan/PA.