ABDUL SATTAR Versus RETURNING OFFICER , Abdul Sattar Chohan

NASIR ASLAM ZAHID, J.‑‑ In this case the nomination papers of the petitioner had been accepted by the Returning Officer/ Assistant Commissioner and S.D.M., Garhi Yasin, who is present in person with the record, but on appeal filed by respondent No.3, the appellate authority i.e. Deputy Commissioner, Shikarpur, accepting the appeal rejected the nomination papers of the petitioner on the ground that his name appears in the electoral list of Deh Maka, District Sukkur and also in Town Committee, Lakhi. It may be observed here that the petitioner had filed nomination papers for Unit No.4, Town Committee Lakhi, District Shikarpur. The order of the appellate authority is challenged in the present Constitutional Petition.

We have heard Mr. Mohammad Hanif Mangi learned counsel for the petitioner and Mr. Zawar Hussain Jafferi, learned A.A.‑G. for respondents Nos. 1 and 2, and Mr. Abdul Sattar Chohan for respondent No.3, on whose appeal, the nomination papers of the petitioner were rejected. As observed earlier, the Returning Officer/S.D.M., Garhi Yasin is also present in person alongwith the record which has been perused.

Learned counsel for the petitioner relies upon a Division Bench judgment in the case of Muhammad Afzal Munif v. Iftikhar Ahmed PLD 1984 Kar.

76. This Division Bench decision of the Sind High Court supports the contention of learned counsel for the petitioner that merely for the reason that a candidate's name appears as a voter in two different electoral rolls he is disqualified from being a candidate from one of the two electoral units. We may also refer to Rule 19(3)(d)(iii) which is to the effect that the Returning Officer shall not enquire into the correctness or validity of any entry in the electoral roll. We entirely agree with the view expressed by the Division Bench, in P L D 1984 Kar.

76. No decision of any Court to the contrary has been cited by learned counsel for respondent No.3 In our view, therefore, the appeal should not have been allowed. Constitutional Petition No. D‑305 of 1987 is allowed and they order, dated 18‑11‑1987 of he Deputy Commissioner, Shikarpur appellate authority rejecting the nomination papers of the petition is hereby declared to have been passed without lawful authority and of no legal effect. The result is that the orders of the Returning Officer/ Assistant Commissioner, Garhi Yasin stand revived and the petitioner is entitled to take part in the forthcoming Local Bodies elections to be held on 30‑11‑1987. It is informed that the candidates whose nomination papers have been accepted, have already been' allocated symbols. The learned Returning Officer/ Assistant Commissioner and S.D.M., Garhi Yasin is present. He is directed to allocate a symbol to the petitioner by 4‑00 p.m. tomorrow i.e. 25‑11‑1987.

There will be no order as to costs.

Civil Miscellaneous Application 777 of 1987 has become infructuous.

M.Y.H./A‑280/K Petition allowed