| Case ID |
14cb2a33-90e3-4700-b028-89f453a3d628 |
| Body |
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| Case Number |
D-2592 of 2015 |
| Decision Date |
Nov 17, 2015 |
| Hearing Date |
Nov 12, 2015 |
| Decision |
The constitutional petition was dismissed based on the grounds that the petitioner, Haji Ghulam Ali, was disqualified from contesting in the local government election due to his previous role as Chairman of the Zakat and Ushr Committee. Although he resigned from this position, the statutory period of six months had not elapsed since his resignation. The court upheld the decision of the Returning Officer and the Appellate Authority, stating that the petitioner was considered a public servant under the Sindh Zakat and Ushr Act, 2011, and therefore ineligible to contest the election. The judges found the reasons for the rejection of the nomination papers to be valid and in accordance with the relevant laws. |
| Summary |
This case revolves around the disqualification of Haji Ghulam Ali from contesting in the District Council elections due to his prior position as Chairman of the Zakat and Ushr Committee. The Sindh High Court ruled that despite his resignation, the requisite six-month period had not passed, rendering him ineligible under the Sindh Local Government Act and the Sindh Zakat and Ushr Act. The court emphasized the importance of statutory timelines in public service positions and upheld the decisions made by the Returning Officer and the Appellate Authority. The ruling referenced previous cases, clarifying that the legal framework surrounding public servants is stringent to maintain the integrity of local government elections. This case highlights the intersection of election law and public service qualifications, reinforcing the principle that public servants must adhere strictly to eligibility criteria to ensure fair electoral processes. |
| Court |
Sindh High Court
|
| Entities Involved |
Election Commission of Pakistan,
Sindh Zakat Council
|
| Judges |
Anwar Hussain,
Aftab Ahmed Gorar
|
| Lawyers |
Mian Taj Muhammad Keerio,
Khowaja Azizullah and Company,
Allah Bachayo Soomro
|
| Petitioners |
Haji Ghulam Ali
|
| Respondents |
Others,
Election Commissioner of Pakistan through Secretary, Islamabad
|
| Citations |
2016 SLD 3909,
2016 YLR 2132
|
| Other Citations |
2013 CLC 1620,
PLD 2014 Bal. 128,
2015 YLR 1584
|
| Laws Involved |
Sindh Local Government Act,
Sindh Zakat and Ushr Act
|
| Sections |
36(1)(e),
23
|