| Case ID |
00596180-c22f-4797-b936-a276431dfa49 |
| Body |
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| Case Number |
D-2647 of 2022 |
| Decision Date |
Jul 21, 2022 |
| Hearing Date |
Jul 19, 2022 |
| Decision |
The Sindh High Court dismissed the constitutional petition filed by Zakir Hussain Khokhar challenging the acceptance of nomination papers of the respondent in the local government elections. The petitioner claimed that the respondent was a defaulter of utility dues and had pending criminal cases. However, the court found no evidence supporting the claims of default or pending criminal charges against the respondent. It was established that the respondent had submitted necessary certificates indicating non-default status with utility providers and banks. The court held that the objections raised by the petitioner lacked merit, leading to the dismissal of the petition. |
| Summary |
This case revolves around a constitutional petition challenging the eligibility of a candidate in local government elections in Sindh. The petitioner, Zakir Hussain Khokhar, argued against the acceptance of the respondent's nomination papers due to alleged defaults in utility payments and pending criminal cases. The Sindh High Court, however, found the petitioner's claims unsubstantiated, as the respondent provided evidence of his non-defaulter status in utility bills and bank loans. The court emphasized the importance of substantiating claims with concrete evidence, leading to the conclusion that the respondent was eligible to contest the elections. The decision reinforces the standards for candidate qualifications under the Elections Act and related laws, highlighting the significance of transparency and accountability in the electoral process. |
| Court |
Sindh High Court, Hyderabad Bench
|
| Entities Involved |
Election Authorities
|
| Judges |
Khadim Hussain Tunio,
Zulfiqar Ali Sangi
|
| Lawyers |
Barrister Jawad Ahmed Qureshi,
Osama Yousuf Parhyar,
Allah Bachayo Soomro,
Ashfaque Nabi Qazi,
Zaheer Abbas Advocate
|
| Petitioners |
Zakir Hussain Khokhar
|
| Respondents |
,
Assistant Commissioner Tando Allahyar
|
| Citations |
2023 CLC 723,
2023 SLD 1464
|
| Other Citations |
Murad Bux v. Kareem Bux and others 2016 SCMR 2042,
Saeed Ahmed and others, Constitutional Petition No. D-622 of 2022,
Sikandar Hayat Khan Bosan v. Syed Yousaf Raza Gillani and another 2008 CLC 240,
Muhammad Arshad v. Returning Officer and others 2006 YLR 48
|
| Laws Involved |
Elections Act, 2017,
Sindh Local Government Act, 2013,
Income Tax Ordinance, 2001,
Constitution of Pakistan, 1973
|
| Sections |
60,
225,
36(f),
36(g),
152,
114(4),
121,
182,
62,
63,
199
|