Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2024 SHC 481. In this matter between Const. P. 135/2024 (D.B.) Sindh High Court, Karachi - Abdul Razzak Khushk (Petitioner) and the Respondent, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.

Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.

Full Judgment Text & Judicial Ruling

COURT: Sindh High Court CASE NO: Const. P. 135/2024 (D.B.) Sindh High Court, Karachi CITATION: 2024 SHC KHI 481 PARTIES: Abdul Razzak Khushk (Petitioner) ORDER DATE: 15-JAN-24 BENCH: Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Mr. Justice Abdul Mobeen Lakho A.F.R: Yes ------------------------------------------------------------ IN THE HIGH COURT OF SINDH AT KARACHI

C.P.No.D-135 of 2024 __________________________________________________________ Date Order with Signature of Judge __________________________________________________________ PRESENT: Mr. Justice Aqeel Ahmed Abbasi, CJ Mr. Justice Abdul Mobeen Lakho, J.

Abdul Razzak Khushk ……v…..Election Commission of Pakistan & others

15-01-2024

Mr. Ali Asghar Dholo, advocate for the Petitioner. Mr. Muhammad Haseeb Jamali, advocate for respondent along with Mr. Abdullah Hanjrah, Law Officer. Mr. Irshad Ali, Assistant Attorney General. `----

O R D E R

After hearing the learned counsel for the parties at some length and from perusal of the record, it appears that at the time of scrutiny petitioner has made request to the Returning Officer, PS -76, Thatta-II, available at page 97 of instant petition to allow him to produce arms licence of pistol and also to fill the blanks in the affidavit of candidate on 29.12.2023, however, it appears that instead of allowing the petitioner to remove aforesaid defects, the Returning Officer has passed the order on the next date in the following manner:- “Documents were earlier concealed and were presented on 30.12.2023. Hence rejected as per article 60(f) of Constitution 1973.”

The impugned order is violative of the spirit of Election Law particularly Section 72(9) (d)(ii ), as on the date of scrutiny, petitioner could have been allowed to remove all such defects , which prima -facie were curable, whereas, nothing has been held by the Returning Officer that said defects are not curable. We are of the opinion that defects which were curable should have been remedied while allowing the petitioner to remove such defects at the time of scrutiny. The petitioner who otherwise eligible shall not be d efranchised or prevented from contesting election on technicalities , as it is hi s fundamental right to contest elections subject to law. Reference in this regard can be made to the case of Aitbar and another vs. Provincial Election Commission through DEO, District N/Feroze, through A.A.G. Sindh and 5 others [2017 CLC Note 179

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Sindh (S ukkur Bench)] . The learned Election Appellate Tribunal was not properly assisted by referring to above legal provisions and the case law on the subject. While confronted with hereinabove position, the learned counsel for respondent, officer of Election Com mission and learned AAG could not dispute the legal position as emerged in the instant case. Accordingly, instant petition is allowed, both the impugned orders dated 30.12.2023 and 09.01.2024 passed in the instant matter are hereby set -aside, and the Returning Officer is directed to allow the petitioner to submit complete and true declaration of assets as well as affidavit with correct information , which shall be examined by him and subject to fulfillment of codal formalities , decide the fate of Nomination papers of the petitioner at the earliest strictly in accordance with law.

CHIEF JUSTICE

JUDGE

Nadeem

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