Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: Muhammad Iqbal Kalhoro, J SULTAN AHMED VS Respondent: MUHAMMAD BACHAL and 4 JUDGMENT
Court Name: Sindh High Court Judge(s): Faisal Arab Title:Muhammad Iqbal Kalhoro, J SULTAN AHMED vs MUHAMMAD BACHAL and 4
JUDGMENT
Reported As: PLD 2016 Sindh 86 Result: Petition dismissed Judgment JUDGMENT ' MUHAMMAD IQBAL KALHORO, J.---The case of petitioner is that the candidature of respondent No.1 namely Mohammad Bachal for the upcoming local government elections has been proposed and seconded by the persons who are government servants, therefore, in view of Rule 25 of the Sindh Civil Servants (Conduct) Rules, 2008 and Rule 18(3)(c) of the Sindh Local Councils (Election) Rules, 2015, his nomination papers should have been rejected. Learned counsel for petitioner has also drawn our attention to Section 24(3) of the Sindh Civil Servants (Conduct) Rules, 2008 and states that as per scheme of this Rule the government servants are prohibited from participating in the election or promoting it in any capacity. ' We have heard the parties and seen relevant law as well the impugned order. We are not persuaded by the contention of the learned counsel that a government servant cannot either propose or second a candidate for contesting local government elections. ' In our view, proposing or seconding a candidate to stand for election does not amount to an activity relating directly to either canvassing or otherwise interfering/influencing in the elections. Rather the object behind proposing or seconding a person to contest the elections is limited to verifying his antecedents or the credentials to the extent of showing his qualification as a candidate to the elections. The provisions of law under the Sindh Civil Servants (Conduct) Rules, 2008 are not relevant to election matters and an action, if it is to be taken at all, can be taken against the government servant for doing so and on this ground a candidate cannot be penalized. In addition to it, we do not hesitate to observe that there is no bar under the law, that a government servant cannot propose or second a person to stand in the elections as a candidate.
---
## Page 2
' In the circumstances, we see no merits in the instant petition, which is dismissed. ' These are the reasons of short order passed in Court on 19.10.2015.