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Petitioner: AMANULLAH KHAN and anothers VS Respondent: RETURNING OFFICER and 3 otherss
Court Name: Sindh High Court Judge(s): Amir Hani Muslim, Zia Pervez Title: AMANULLAH KHAN and anothers vs RETURNING OFFICER and 3 otherss Case No.: Constitutional Petition No,D-190 of 2005 Date of Judgment:2005-08-12 Reported As: 2006 YLR 2253(1) Result: Petition allowed
Judgment ORDER ' The petition impugns the order of the Returning Officer and District Returning Officer by which the form of the petitioners has been rejected on the ground that he has failed to disclose the immovable properties in his assets. Learned counsel for the petitioner submits that the assets which are shown to have been owned by the petitioner are neither owned nor in his possession and report of the Mukhtiarkar is disputed by him. The learned counsel for the respondent states that both the orders impugned are in his favour and therefore this petition does not lie. The scope of scrutiny is limited and no factual enquiry can be gone into. It will however be open to parties to raise all these objections in regard to the disqualification of the nature in regular election petition. The petitioner, for the aforesaid reasons is allowed to contest the election and the impugned orders passed are set aside.