SH. AZMAT SAEED, J.--- This writ petition is directed against the order dated 3.8.2005, whereby, the appeal filed by respondent No. 2, regarding nomination papers of the petitioner, was rejected.
2. Brief facts leading to the filing of this writ petition are that the petitioner submitted his nomination papers as a candidate of Nazim for contesting the forthcoming elections from U.C. 93, which were accepted. Subsequently, respondent No. 2 filed an appeal against the acceptance of the said nomination papers, which was accepted by the District Returning Officer, who vide the impugned order rejected the nomination papers of the present petitioner.
3. Learned counsel for the petitioner as well as learned Additional Advocate General has been heard.
4. Private respondents despite service have not entered appearance.
5. The sole basis for rejection of the nomination papers, as disclosed in the impugned order, is that allegedly the petitioner is a member of the banned organization "Sipha Sihaba". The District Returning Officer has relied solely on a --report made by the DPO, Jhang, in this behalf. The learned Additional Advocate General has filed a copy of the said report, wherein, it has been alleged that the petitioner is an activist of the defunct organization (S.S.) but has not any criminal record against him.
6. The petitioner cannot be deprived of from contesting the forthcoming elections on the basis of the said report made by the DPO, Jhang, which is not supported by any material on the record.
There is no criminal case against the petitioner. The Home Department has also not brought anything on record to the effect that the petitioner is involved in any activity regarding the banned organization. In this yiew of the matter, the impugned order cannot be sustained, which is hereby set aside and the nomination papers of the petitioner are deemed to have been accepted to contest the forthcoming elections.
This writ petition is accepted in the above terms. .