1984 PLP 2565 (CLC)

‑‑‑S.3' (2)(g) ‑‑Sind Local Council (Election) Rules, 1979, r.19(6)‑ Natural justice, principle of ‑‑No one shall be condemned unheard‑ Violation of ‑‑Disqualification of a candidate for election ‑‑Order of cancellation of candidature passed without any material, show‑cause notice or any hearing ‑‑Matter related to franchise and important right to contest an election‑‑Held, order unsustainable being violative of principle of natural justice‑‑Provisional Constitution Order, 1981, Art.9.‑‑[Natural justice, principles of]. Abdul Hayee Kureshi, C.J.‑‑ The present Petition has been filed by Khursheed Junejo in the following circumstances:‑‑ The petitioner filed two separate nomination forms for election to two constituencies Nos.8 and 9 of the Union Council, Dhamrah, Larkana. Before the election, he withdrew his candidature from Unit No.9, but contested the election from Unit No.8. A symbol was also allotted to him, and the date of election was also fixed. Before the date of elections, the petitioner was informed by the Returning Officer (respondent No.2) that he stood disqualified from contesting the election. A copy of such disqualification order passed by respondent No.1 has been placed on the file. The petitioner filed the present petition, seeking the following reliefs:‑‑ "(a) That this Honourable Court may be pleased to declare the impugned order Annexure 'D' passed by the respondent No.1 "above‑named as having been passed by him without any lawful authority, and to be of no legal effect and be pleased to quash the same. (b) That this Honourable Court may be pleased to issue/give/ grant an injunction restraining the Respondents 1 and 2 above‑named from giving effect to the impugned order and in manner exclude the petitioner from contesting the said election." This matter was placed before our learned Brothers Ajmal Mian and Syed Harder Ali Pirzada, JJ on 2nd October,1983, when an order was passed for suspension of the effect of the impugned order of disqualification, and the petitioner was allowed to contest the election. We are informed by Mr. Imamally G.Kazi that, in such contest, the petitioner has been elected. In the present circumstances, Mr.Imamally G.Kazi has a grievance only in regard to the disqualification order. This order starts as follows:‑‑ "On the basis of the official reports, it is established that the following persons, who are candidates for the coming Local Bodies elections, have indulged in acts of instigation to/and lawlessness/disorder during the course of current M.R.D. movement." It is stated at the bottom of the order that, by aid of explanation to section 37(2) (g) of the Sind Local Government (Second Amendment) Ordinance No.IX of 1983, read with rule 19(6) of the Sind Local Council (Election) Rules, 1979, the candidature of the petitioner had been cancelled. Mr.Imamally G.Kazi has contended before us that this order was passed without any material and without any hearing. No counter‑affidavit has been filed by any of the respondents to show that any show‑cause notice, or any hearing had been afforded to the petitioner before passing the impugned order. The matter related to franchise and a right to contest an election to a Local Body, which was very important from the point of view of the petitioner. In such circumstances, the order of disqualification suffered from serious defects for reasons of non‑compliance with the principles of natural justice. Mr.A.Sattar G.Shaikh has also supported the petitioner to such extent, although he has stated that it may be left open to the authorities to take action against the petitioner on the basis of allegations, which form the foundation for the impugned order. We grant the following relief in favour of the Petitioner:‑‑ (i) It is hereby declared that the impugned order (Annexure 'D') in‑so‑far as it relates to the petitioner, is an order without lawful authority and of no legal effect. We quash the same. We decline to grant the second relief, because it is not necessary to make any pronouncement, since the elections have already been held, and the petitioner has been elected. The grant of this relief will not bar the concerned authorities from taking any action against the petitioner on the basis of allegations contained in the impugned order. Such action could be taken in accordance with law. Since Mr.Imamally G.Kazi has not claimed costs, we make no order to that effect. M.B.A. Order accordingly.