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2001 YLR 1779

AMIR HAMZA and others vs GOVERNMENT OF SINDH and others

Citation2001 YLR 1779
CourtSindh High Court
Case No.Constitutional Petition No,D-146 of 2001
Date2001-03-15
Judge(s)Faiz Muhammad Qureshi, Muhammad Moosa K. Laghari
ResultPetition dismissed

1. ' FAIZ MUHAMMAD QURESHI, .E---Through this petition the petitioners are seeking directions against the respondents to accept their Nomination forms and after scrutiny they may be allowed to contest the Elections to be held on 21-3-2001.

2. ' We have heard Mr. Muhammad Sharif Siyal learned counsel for the petitioners and Mr. Mascot' A.

3. Noorani learned Additional Advocate General, Sindh.

4. ' It has been contended by the learned counsel for the petitioners that although the time for receiving Nomination forms as fixed in the schedule was upto 3-00 p.m. On 23-2-2001 but the petitioners were kept on hopes till 12-00 noon and after 12-00 noon they were refused to submit their Nomination forms. He therefore urges that the whole process of acceptance of Nomination forms and other subsequent actions were against lawful authority.

5. ' On the other hand learned Additional Advocate-General points out that a complete schedule was announced whereby after acceptance of the nomination forms their scrutiny had to take place and objections if any filed by any of the contesting parties were to be looked into by the District Returning Officers and then final list was to be published. According to the learned Additional Advocate-General final list of candidates has not only been displayed but some other candidate namely Manzoor Ahmed has been declared unopposed as Nazim.

6. As a matter of fact the petition has been filed jointly by 23 petitioners without showing that which one of the petitioners is contesting for which one of the posts and constituency. Even the Nomination forms which were proposed to be submitted before the Returning Officer have not been annexed with the petition. The telegrams which according to learned counsel were sent to the concerned authorities were dispatched on 24-2-2001 that is to say on the next day. There is no proof with regard to approaching the District Returning Officer in order to agitate their grievance though there is telegram having been sent to the District Returning Officer. In view of the fact that the entire process of scrutiny of Nomination forms etc. Has been over and it will not be in the fitness of things to reverse back the entire process: as if we pass any order in favour of the petitioner it will amount to issuing blanket directions for acceptances of the Nomination forms of the petitioners without any scrutiny or objections whatsoever. In the attending circumstances we do not find any merit in the petition which has been jointly filed by 23 petitioners and it is accordingly dismissed in limine along with the listed applications.

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