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. 14 of 2024.

Before:

Mr. Justice Muhammad Saleem Jessar.

Appellant       :           Sher Muhammad Suhriyani.          

Respondents  :          Election Commission of Pakistan & others.

            Messrs Khan Muhammad Sangi and Mir Ahmed Raza Advocates for appellant.

            Messrs Arbab Ali Shah and Ghayoor Abbas Shahani, Advocates for respondent No.4 (Rab Nawaz).

            Mr. Abdul Hamid Bhurgri, Additional Advocate General along with        Mr. Abdul Waris Bhutto, Asstt. A.G.

            Mr. Oshaq Ali Sangi, Assistant Attorney General.

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

Mr. Muhammad Yasin Assistant Commissioner Kandhkot (Returning Officer PS-05, Kashmore-II) General Elections-2024

Mr. Muhammad Sabir Soomro, Deputy Director Excise & Taxation/ Motor Registration Authority, Larkana.

Date of hearing         :           06.01.2024.

Date of order             :           06.01.2024.

ORDER

Muhammad Saleem Jessar, J.- The appellant, Sher Muhammad Suhriyani, and the Respondent No.4 filed their nomination forms for the seat of Member, Provincial Assembly of Sindh from PS-05, Kashmore-II, which after scrutiny were accepted by the Returning Officer vide Order dated 27.12.2023.  The appellant has filed instant appeal, challenging the acceptance of nomination papers of respondent No.4, inter-alia on the ground(s) that the objections raised by the appellant to the effect that respondent No.4 concealed the moveable so also immovable assets and also furnished incorrect information relating to income tax so also agricultural tax, were over-ruled/ rejected by the Returning Officer. As such, the appellant has filed this appeal.

            It appears from the record that, the objections filed by the appellant before the Returning Officer at the time of scrutiny were considered and answered properly. However, through this appeal, the appellant has raised mostly the fresh/ new objections, which he had not raised at the time of scrutiny of the nomination papers. The fresh/ new objections are not supposed to be raised before appellate tribunal at this stage, and are also not tenable by this Tribunal being vested with powers only to summarily deal with matters under sub-section (2) of Section 63 of the Elections Act, 2017. Even otherwise, these fresh objections have been adequately addressed by the counsel for respondent No.4 vide statement dated 05.01.2024, duly supported with documentary proof(s).

            In view of above, instant appeal is meritless and is accordingly dismissed.

Judge

Ansari