2016 PLP 719 (YLR)

Through instant petition, the petitioner Ghulam Zakriya who has filed joint nomination form for the post of Chairman along with respondent No.6, Shahid Hussain for the post of Vice Chairman in respect of Union Council Bhanbhri taluka and district Naushehro Feroze, has impugned the order dated 11.10.2015 passed by Returning Officer, on the nomination form by accepting the application of the respondent No.6, for withdrawal of his nomination, resultantly the entire joint nomination of petitioner and respondent No.6, has been withdrawn without notice to the petitioner. Learned counsel for the petitioner submits that petitioner and respondent No.6, filed their joint nomination after complying with all the codal formalities according to rules which was duly accepted by the Returning Officer, however, the members of the ruling party by exerting pressure upon the respondent No.6, forced him to sign the application for withdrawal of his nomination from, which was filed on 11.10.2015, which was holiday i.e. Sunday, and that too, after expiry of the date fixed for the purpose of nomination papers withdrawal i.e. 10.10.2015, however, the Returning Officer, has abruptly accepted such withdrawal and passed one word order on the nomination paper as "withdrawn". Notices were issued. Pursuing to which Mr. Illahi Bux Jamali filed his vakalatnama and the counter affidavit duly signed by respondent No.6, Shahid Hussain, who is also present in Court, wherein the content of the petition have duly been verified. Learned counsel for the respondent No.6, has stated that respondent No.6, was put under threat and pressure by the members of ruling party to withdraw from his nomination and signatures were obtained forcibly on the withdrawal application, the same has been duly accepted by the returning officer without any application of mind in a mechanical manner, even after the expiry of withdrawal date on a holiday i.e. Sunday 11.10.2015, which order is patently illegal and in violation of terms of Rule, 20 of Sindh Local Councils (Elections) Rules, 2015. Respondent No.6, present in Court verifies such position and submits that he wants to contest the election on the post of Vice Chairman from aforesaid Union Council whereas, withdrawal was obtained forcibly under threat to his life. Learned Asst. A.G. and DAG in view of hereinabove undisputed factual position and the provisions of Rule 20 of Sindh Local Councils (Elections) Rules, 2015, do not oppose the request of the petitioner and submit that impugned order passed by the Returning Officer, is illegal, which may be set-aside and joint nomination form of the petitioner and respondent No.6 may be restored. Keeping in view the factual position which is not disputed and from the perusal of Rule 20 of Sindh Local Councils (Elections) Rules, 2015, and the affidavit of respondent No.6, which is duly verified by him in Court, it is clear that the withdrawal of joint nomination of the petitioner and respondent No.6, appears to have been obtained by putting pressure upon respondent No.6, who has categorically stated that he wants to contest election. It further transpires that the withdrawal of nomination and order passed thereon by the Returning Officer, was made after expiry of date of withdrawal which was fixed as 10.10.2015, therefore, such withdrawal otherwise is of no legal consequence. Accordingly, instant petition is allowed. Impugned Order of withdrawal passed by the Returning Officer, dated 11.10.2015, in respect of the joint nomination paper of the petitioner and respondent No.6 is hereby set-aside. Resultantly, the nomination paper of petitioner and respondent No.6, stands restored. The Returning Officer is directed to send the Form-VIII in respect of the petitioner within two days to the Election Commission in accordance with law. Petition is allowed in above terms. SL/G-24/Sindh Petition allowed.