MUHAMMAD ISHAQUE Versus ASSISTANT COMMISSIONER AND RETURNING OFFICER TANDO ALLAHYAR

AJMAL MIAN, J.‑‑ This petition is directed against the orders dated 13‑11‑1987 and dated 18‑11‑1987 passed by Respondents 1 and 2 respectively rejecting the petitioner's nomination paper from Unit No. MC‑7, Tando Allahyar on the ground that the proposer and seconder are not enrolled in MC 7. The petitioner being aggrieved by the above orders has filed the present writ petition.

2. In support of the above petition, Mr. Hameed Siddiqui has referred to the official voters list issued by the Election Authority, which is at page 13 and the caption of the above list reads as follows:

The name of the proposer and seconder are mentioned at S. Nos. 9 and 12 of the above voters list and in the column of address the name of the Mohallah given is 'Hajjam Para'.

3. On the other hand, Mr. Abdul Rahim Kazi, learned Additional Advocate‑General has referred to official copy of the de‑limitation list which indicates that factually 'Hajjam Para' falls under MC 6. It has, therefore, been contended by Mr. Kazi that for the purpose of deciding the question of the local area, the de‑limitation list is to be seen and not the voters list. Technically the above submission seems to be correct but the fact remains that the above voters list with the caption of Unit No. 7 was issued by the Election Authority and, therefore, the petitioner was led to believe that the proposer and seconder are the residents of MC 7 as mentioned in the voters list and, therefore, he got the proposer and seconder on the basis of the above voters list.

4. In our view, a citizen cannot suffer any prejudice or loss on account of act or omission on the part of the Government functionary. However, we cannot direct Respondent No. 1 to accept the nomination paper in question after having seen the de‑limitation list, indicating that 'Hajjam Para' falls under MC 6, but we are of the view, that it will be just and proper to direct Respondent No. 1 to accept fresh nomination papers of the petitioner by tomorrow upto 12‑00 noon, in case the petitioner wishes to contest the election even now, if he can get the competent proposer and seconder from the Constituency MC 7 subject to compliance of the Ordinance and the Rules and subject to the right of the third parties.

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

M. B. A. /M‑342/ K Order accordingly.