ORDER SHEET

THE HIGH COURT OF SINDH CIRCUIT COURT AT LARKANA

Constt: Petition No.D-74 of 2024

Date	Order with signature of Judge

Present:

Mr.Justice Irshad Ali Shah.

Mr.Justice Jawad Akbar Sarwana.

1. For orders on office objection “A”.

2. For hearing of main case.

31.01.2024

Mr. Syed Arbab Ali Shah, Advocate for the petitioner.

Mr. Oshaque Ali Sangi, Asstt: Advocate General, Pakistan

Mr. Shafquat Rasool Narejo, Assistant Director (Law), ECP, Larkana a/w Abdul Majeed Zuhrani, ADC-I/R.O NA-191, Jacobabad Cum Kashmore.

Mr. Munawar Ali Abbasi, Asstt: A.G, Sindh.

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1. Over-ruled.

2. The facts in brief necessary for disposal of instant constitutional petition are that the petitioner filed his nomination paper to contest election from NA-191, Jacobabad Cum Kashmore; it was rejected by the Returning officer concerned on account of non disclosure of pendency of criminal case against him and his being a fugitive from law; such rejection of his nomination paper was impugned by the petitioner by preferring an appeal; it was also dismissed by learned Election Appellate Tribunal; such dismissal of his appeal is impugned by the petitioner before this Court by way of instant constitutional petition.

It is contended by learned counsel for the petitioner that a fugitive from law could contest election and such right could not be denied to him under any circumstance. By contending so, he sought for quashment of orders of Returning officer and learned Election Appellate Tribunal, with direction to Returning Officer to include the name of petitioner in the list of contesting candidates.

Learned counsel(s) for the other side have sought for dismissal of instant constitutional petition by contending that the petitioner has filed a false/incorrect declaration before the Returning officer with regard to pendency of criminal case against him and his being fugitive from law.

Heard arguments and perused the record.

Admittedly, a criminal case outcome of FIR Crime No.06/2022, U/S.324, 337-A(i), 337-F(ii), 337-D, 148, 149 PPC of P.S RD-109, District Kashmore at Kandhkot, is pending against the petitioner and he after obtaining protective bail from this Court in such case sought for pre-arrest bail from the Court having jurisdiction; it was declined to him and he then preferred to go in absconsion till now. The circumstances, prima facie, suggest that the petitioner was having knowledge of pendency of criminal case against him. Yet, he by filing an affidavit attached to his nomination paper in very clear terms stated that no criminal case is pending against him. Obviously, it was a false or incorrect declaration or statement to his knowledge. In these circumstances, the Returning officer was right to reject the nomination paper of the petitioner at the instance of private respondent, in terms of Clause (c) to Sub-Section 9 to Section 62 of the Election Act, 2017 and such order was rightly maintained by the learned Election Appellate Tribunal. No illegality is noticed in the impugned order(s), which may justify this Court to interfere with the same, by way of instant constitutional petition; it is dismissed accordingly.

JUDGE