IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA/

APPELLATE TRIBUNAL FOR 

General Seats in the National Assembly as well as Provincial Assembly of Sindh

of Larkana Division (NA-190 to NA-197) & (PS-01 to 17), constituted in

pursuance of sub-section (1) of Section 63 of the Elections Act, 2017,

by Election Commission of Pakistan, vide Notification No.F.2(7)/2023-Coord,

dated 24^th December, 2023).  

Election Appeal No. 03 of 2024.

Before:

Mr. Justice Muhammad Saleem Jessar.

Appellant       :                       Abdul Rauf Korai.

Respondents :                       Assistant Commissioner Larkana/ Returning Officer PS-11, Larkana-II, & others.

            Messrs Shakeel Ahmed S. Abro and Khan Muhammad Sangi, Advocates for appellant.

            Mr. Abdul Hamid Bhurgri, Additional Advocate General.

            Mr. Oshaq Ali Sangi, Assistant Attorney General.

            Mr. Shafquat Rasool Narejo, Assistant Director (Law), Election Commission of Pakistan, Larkana Division.

            Mr. Muhammad Arslan Choudhry, Assistant Commissioner Larkana (Returning Officer  PS-11, Larkana-II) General Elections-2024.

Mr. Siraj Ahmed Soomro on behalf of Deputy Commissioner/ DRO Larkana.

Date of hearing         :           05.01.2024.

Date of order             :           05.01.2024.

ORDER

Muhammad Saleem Jessar, J.- Through this appeal, the appellant has called in question the order dated 30.12.2023 with regard to rejection of his nomination form for the seat of Member Provincial Assembly of Sindh from PS-11,   Larkana-II, passed by respondent No.1 (Returnong Officer), inter-alia on the grounds that, a property (asset) has not been declared by the candidate in the nomination form and that candidate has defaulted in payment of government (SEPCO) dues. 

            At very outset, the learned counsel for appellant mainly contended that, the appellant has long ago sold out the land in question i.e. plot No.234, sitauted in Deh and Tapo Larkana, to Mst. Rizwana Khatoon Zangejo and such record has also been mutated in the name of said Mst. Rizwana Khatoon vide entry No.15002, dated 30.11.2023. Learned counsel has placed on record photocopy of such entry. Per learned counsel, even otherwise according to relevant rules a candidate can declare his assets within one month after the elections, in case of successful candidate. According to learned counsel, so for as another ground for rejection of his nomination with regard to default by appellant in payment of SEPCO dues is concenred, he submitted that though the appellant is not defaulter of any amount of SEPCO and the bill produced before Returning Officer was managed one, as it does not even show that any meter with Reference number is registered in the name of the appellant. However, learned cousnel submitted that, even then the appellant had shown his willingness to pay amount in question, but his request was turned down by the Returning Officer. The counsel submitted that, the appellant is still ready to pay the aforesaid bill, as such in earlier round, at the request of learned counsel the matter was kept aside. In the second round, the learned counsel, under cover of his statement placed on record a photocopy of an Electricity bill worth Rs.203445/-, duly paid by the appellant. The original paid bill is also seen and returned to the learned counsel.

            In view of above position, the learned Addl. A.G., learned Assistant Attorney General as well as Assistant Director (Law), Election Commission of Pakistan, Larkana Division, do no object the instant appeal. Accordingly, the appeal stands allowed and the impugned Order dated dated 30.12.2023, passed by Respondent No.1/ Returning Officer  PS-11, Larkana-II, is hereby set-aside. Consequenlty, the respondent No.1 / Returning Officer  shall revise the Form-32 within stipulated period.

                                                       Judge

Ansari