| Case ID |
e2c73ff9-35f6-41ef-9bae-455c93e50267 |
| Body |
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| Case Number |
C.P.Nos.D-3592, D-3627, D-3651, D-3654, D-3713, D- |
| Decision Date |
Oct 28, 2015 |
| Hearing Date |
Oct 27, 2015 |
| Decision |
The Sindh High Court dismissed the constitutional petitions challenging the rejection of nomination papers for local bodies elections. The Court held that the nomination papers were rejected on grounds that either the proposer or the seconder of the candidates were not registered voters of the same electoral unit. The Court emphasized that such a defect was substantial and could not be cured at any subsequent stage, as it was mandatory for both the proposer and the seconder to belong to the same electoral unit. The Court referenced previous judgments that reinforced the mandatory nature of this requirement, concluding that the petitioners had not complied with the relevant provisions of the Sindh Local Councils (Election) Rules, 2015 and the Representation of the People Act, 1976. |
| Summary |
In the case of constitutional petitions filed before the Sindh High Court, the court addressed the issue of nomination paper rejections for local bodies elections in 2015. The petitioners contended that their nomination papers were wrongly rejected on the basis that their proposers or seconders were not from the same electoral unit. The court analyzed the relevant laws, notably the Sindh Local Councils (Election) Rules, 2015, and the Representation of the People Act, 1976, concluding that the requirement for both proposers and seconders to be from the same electoral unit is a mandatory provision. The court maintained that any substantial defect in the nomination papers, such as the qualification of the proposer or seconder, could not be remedied post-factum. The ruling underscored the importance of compliance with electoral laws to ensure fair and transparent elections, ultimately dismissing the petitions and upholding the decisions of the electoral authorities. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
AQEEL AHMED ABBASI,
SYED SAEED-UD-DIN NASIR
|
| Lawyers |
Nisar Ahmed Bhanbhro,
Achar Khan Gabole,
J.K. Jarwar,
Syed Zafar Ali Shah,
Muhammad Arif Malik,
Shabbir Ali Bozdar,
Shahzado Dreho,
Sundar Khan Chachar,
Ali Raza Baloch,
Qurban Ali Malano,
Mehfooz Ahmed Awan,
Pervez Ali Ghumro
|
| Petitioners |
Mehfooz Ahmed Awan,
ABDUL LATIF,
Qurban Ali Malano,
Achar Khan Gabole,
J.K. Jarwar,
Syed Zafar Ali Shah,
Muhammad Arif Malik,
Shabbir Ali Bozdar,
Shahzado Dreho,
Sundar Khan Chachar,
Ali Raza Baloch,
Pervez Ali Ghumro
|
| Respondents |
THE DISTRICT AND SESSIONS JUDGE,
The APPELLATE AUTHORITY FOR LOCAL COUNCILS KHAIRPUR
|
| Citations |
2016 SLD 984 = 2016 CLC 855
|
| Other Citations |
Mudassar Qayyum Nahra v. Election Tribunal Punjab, Lahore 2003 MLD 1089,
Raja Muhammad Tajammal Hussain v. Rana Shaukat Mehmood PLD 2007 SC 277
|
| Laws Involved |
Sindh Local Councils (Election) Rules (2015),
Representation of the People Act (LXXXV of 1976)
|
| Sections |
16(2),
18(3),
12,
14
|