MUHAMMAD ISMAIL Versus ELECTION AUTHORITY SIND

1. AJMAL MIAN, J.‑‑ This petition is directed against the orders dated 13‑11‑1987 and dated 18‑11‑1987 passed by Respondents 2 and 3 respectively. The nomination paper of the petitioner was rejected by the Returning Officer on the ground that his name did not appear at S.No. 860. Appeal filed by the petitioner was also rejected by the Appellate Authority, the Commissioner by the above‑impugned order.

2. The petitioner being aggrieved by the above orders has filed the present writ petition.

3. We have heard Mr. Rasool Bux Unar learned counsel for the petitioner in support of the above petition, who has invited our attention to the voters list annexed to the petition wherein at S.No.660 the name of the petitioner, appears.

4. Mr. Abdul Rahim Kazi, learned Additional Advocate‑General appearing for official respondents has candidly conceded the above position and has stated that he is not opposing the above petition.

5. However, Syed Humayun, learned counsel for the private respondent No. 4 has submitted that apart from the ground on which the petitioner's nomination paper was rejected, there is still another fatal defect in the nomination paper, namely, that the proposer and seconder are not voters of the local area from where the petitioner wishes to contest.

3. In our view, we cannot go into the latter question, which should have been agitated before the Returning Officer.

6. We would, therefore, allow the above petition and direct Respondent No. 2 to accept the petitioner's nomination paper subject to the proviso that Respondent No. 4 will be entitled to appear before the Returning Officer at 10‑00 a.m. on 29‑11‑1987 for agitating the above point. The Returning Officer after examining the above B contention of the private respondent, if finds that factually the names of the proposer and seconder appear on the voters list of the local area UC‑3, he will accept the petitioner's nomination paper and will allocate a symbol, but in case the names of the proposer and seconder 'do not appear, he will pass an order in accordance with law.

7. The petition stands disposed of in the above terms with no order as to costs.

8. M. B. A. /M‑343/ K Order accordingly.