1988 PLP 1079 (CLC)

Respondent No.5 in Person. Respondent No. 4 absent Date of hearing: 24th November, 1987. NASIR ASLAM ZAHID, J.‑‑ This petition has been filed by the petitioner who had filed nomination papers in respect of Unit No.

3. Municipal Committee Ratodero, for the forthcoming Local Bodies elections scheduled for 30‑11‑1987. The nomination papers of the petitioner were accepted by the Returning Officer but in appeal the appellate authority, Deputy Commissioner, Larkana, accepting the appeal rejected nomination papers of the petitioner on the ground that the name of the proposer of the nomination papers filed by the petitioner appears in two constituencies in the electoral list i.e. in Unit No.3, Municipal Committee, Ratodero and constituency of the Deh Warisdino Machhi. The name of the proposer is Taj Mohammad and he is present in person. The appeal had been filed by respondent No.4 Ghulam Akbar. He was present in the morning when this matter was called and then he had taken time to engage advocate or address arguments personally and at his request the matter was kept aside and he was informed that the matter will be taken up at about 1‑00 p.m. It is now 2‑00 p.m. respondent No.4 Ghulam Akbar son of Ghulam Shabir Arbani has been called absent. Learned counsel for the petitioner relies upon decision of a Division Bench of this Court in the case of Muhammad Afzal Munir v. Iftikhar Ahmed P L D 1984 Kar. 76 which supports the contention of learned counsel for the petitioner that the mere fact that the name of a person appears in two units does not disentitle that person propose a candidate in respect of election to one constituency in which the proposer is enrolled as a voter. Mr. Zawar Hussain Jafferi, A learned A . A .‑G . submits that the contention of learned counsel is correct. We are also of this view and we subscribe to the principle in this regard enunciated by another Division Bench of this Court in the reported case in P L D 1984 Kar.

76. As a result, the impugned order, dated 18‑11‑1987 of appellate authority/ Deputy Commissioner, Larkana in Election Appeal No. 53 of 1987 filed by respondent No. 4 Ghulam Akbar is declared to have been passed without lawful authority and to be of no legal effect. As a result, the order of the Returning Officer accepting the nomination papers of the petitioner stands restored. It is informed that symbols have already been allocated to those candidates whose nomination papers have been accepted. The Returning Officer/ Assistant Commissioner, Ratodero 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 '772 of 1987 has become infructuous. M . Y . H . / A‑279/ K ‑‑‑‑‑ Petition dismissed.