1988 PLP 1086 (CLC)

Date of hearing: 23rd November, 1987. NASIR ASLAM ZAHID, J.‑‑This petition has been filed by the petitioner Haji Muhammad Baluch Khan challenging the orders of the Returning Officer and the appellate authority rejecting the nomination papers of the petitioner. The petitioner had filed his nomination papers for contesting the Local Bodies Elections, 1987 scheduled to be held on 30‑11‑1987 from Units Nos. 6, 7 and 11 of Town Committee, Mirpur Mathelo, District Sukkur. By order, dated 13‑11‑1987, the Returning Officer, S.D.M., Mirpur Mathelo, rejected the nomination papers of the petitioner holding‑ as the candidate still owed Rs .3, 250 to T . C . M. Mathelo as confirmed vide notices issued and served upon and also vide Letter No. IB(E)/‑173, dated 7‑1‑19$7 of Deputy Commissioner, Sukkur. However, the applicant states that he was ignorant of this fact and now wishes to clear his dues." It may be observed that no candidate had raised any objection against the nomination papers filed by the petitioner. Against the impugned order, dated 13‑11‑1987 of the Returning Officer, the petitioner filed an appeal before the appellate authority i.e. the Deputy Commissioner, Sukkur. The record is available with the learned A . A .‑G . but the record does not contain any memo. of appeal but Mr. Sidik Kharal, learned counsel for the petitioner states that he himself had filed the appeal and he had actually appeared on behalf of the petitioner before the D.C. appellate authority and the appeal was dismissed. We have heard learned counsel for the petitioner and the learned A.A.‑G. As noticed earlier, the only ground on which the nomination papers of the petitioner have been rejected is that he owed an amount of Rs.3,250 to Town Committee, Mirpur Mathelo. Mr. Zawar Hussain Jafferi, learned A . A .‑G. , states on the basis of the record available with him that the petitioner had been awarded .a contract by Town Committee, Mirpur Mathelo some time in 1972‑73 and in that context an amount of Rs.3,250 was still owed by the petitioner when he filed the nomination papers in November 1987. The only provision under which the nomination papers of the petitioner had been rejected is clause (e) of section 37(2) of the Sind Local Government Ordinance, 1979 which reads as follows:‑ "he is under contract for work to be done or goods to be supplied to the Council or has otherwise any pecuniary interest in its affairs." Learned A . A . ‑G . states that at the time the petitioner had filed the nomination papers he was not under contract with the Town Committee, Mirpur Mathelo for doing any work for the Town Committee nor is there any contract with the Town Committee, Mirpur Mathelo for supply of any goods to the Town Committee. Learned A.A.‑G. however, submits that as an amount of Rs.3,250 was owed by the petitioner at the time he filed his nomination papers, he comes within the mischief of third part of clause (e) of section 37(2) of the 1979 Ordinance as this would amount to the petitioner having 'pecuniary interest in its affairs'. It is further pointed out that the petitioner has also, after filing his nomination papers, deposited the amount of Rs.3,250 with the Mukhtiarkar, Mirpur Mathelo. We find no substance in the submission of the learned A . A . ‑G . , that if a candidate has no pending contract for doing any work for a Council or for supply of any goods but as an amount of Rs.3,250 is due from him to the Town Committee on account of a contract awarded in 1972‑73, under which admittedly at present no work remains to be done by the petitioner or no goods are to be supplied to the Council, he has a pecuniary interest in the affairs of the Town Committee Mirpur Mathelo. If at all this amount was due on the basis of some contract made in 1972‑73, this by itself would not make the candidate a person who has a pecuniary interest in the affairs of the Town Committee, Mirpur Mathelo. At the most he is a debtor of the Town Committee, Mirpur Mathelo and that is all. In our view, therefore, the petitioner's case did not come within the mischief of clause (f) of sectin 37(2) of the Sind Local Government Ordinance, 1979. As a result, Constitutional Petition No. D‑296 of 1987 is allowed and the orders passed by the respondents Nos. 1 and 2 rejecting the nomination papers of the petitioner in respect of T.C. 6, 7 and 11, Town Committee, Mirpur Mathelo, District Sukkur are declared to have been passed without lawful authority and the same are of no legal effect. Result is that the petitioner's nomination papers stand accepted and he can take part in the Local Bodies elections scheduled for 30‑11‑1987. It is informed that the symbols have already been, allotted to the candidates whose nomination papers had been accepted. The S.D.M./Returning Officer, Mirpur Mathelo, District Sukkur is directed to allot a symbol to the petitioner by tomorrow i.e. 24‑11‑1987. There will be no order as to costs. M.Y.H./M‑412/K Petition allowed.