1. MUHAMMAD ASHRAF LEGHARI, J.--- Through this Constitutional petition, the petitioner has sought the following relief:--
(a) To set aside the impugned order of learned District Returning Officer passed on 9-3-2001 and allow the nomination form of the petitioner as it was allowed by the respondent 1 so that the petitioner may become an unopposed Councillor.
(b) To grant any other relief.
2. The petitioner submitted his nomination form for contesting election from U.C.-24 for the. seat of Hari. The respondent 4 filed objections but the nomination form of the petitioner was accepted by the Returning Officer. The respondent 4 who is her son filed an appeal before the District and Sessions Judge/District Returning Officer, Sukkur who vide his order, dated 9-3-2001 allowed the appeal and rejected the form of the petitioner.
3. It is contended by the learned counsel for the petitioner that her name was appearing in the electoral roll of U.C.-21 Rohri but her name was cleverly got entered by respondent 4 in electoral roll of refugees of Jammu and Kashmir. It is contended that the form of the petitioner was rightly accepted by the Returning Officer and the appeal was not maintainable in law against the acceptance of nomination form. It is stated that even if the name of petitioner appears in two electoral rolls, it does not bar her from filing of nomination form and contest the elections in any one of the two. It is the case in which she is convicted was subsequently acquitted in appeal. The reliance has been placed upon Dr. Muhammad Islam v., Government of N.-W.F.P. through Secretary Food 1998 SCM R 1993.
4. Mr. Ghulam Qadir Jatoi, learned counsel for the respondent 4 has stated that the name of petitioner appears in the electoral roll of refugees of Jammu and Kashmir and she is not qualified to contest the elections for U.C.-21 Rohri. It is submitted that the character of the lady is not' above board as she was convicted for an offence under section 420, P.P.C. and later on she compromised with the other party in appeal. The order of appellate forum is based on sound and valid reasons.
5. Mr. Ghulam Dastagir Shahani, learned Additional Advocate-General, Sindh supports the impugned order passed by Appellate Authority on the ground that the documents which have been produced by the petitioner before this Court should have been produced before the Appellate Authority.
6. The perusal of record shows that she got her name entered in two electoral rolls viz. Jammu and Kashmir as well as in U.C.-21 Rohri. This shows mala fide intention of the petitioner. The name of her husband Mirza Jan Muhammad appears in the list of refugees at Serial No.6 of electoral area L-A refugees Jammu. Rule 16(2) of the Ordinance reveals that any elector of an electoral ward may propose or second the name of any duly qualified person to be a candidate for becoming a member for that ward. The said subsection (2) indicates that elector can only be legible for vote for that particular ward, keeping the name entered in various wards of electoral rolls shows the mala tide intention of the elector or candidate. The character of the lady from the record also does not appear to be satisfactory. She was challaned in a criminal case for an offence under section 420, P.P.C. in Crime No.126 of 1987 of Police Station Rohri and ultimately she was sentenced to suffer R.I. for six months and pay fine of Rs.1,000 but subsequently she was acquitted by way of compromise.
7. The names of her husbands and their dates of death given by her at various stages are also suspicious. Section 14 of the Sindh Local Government Election Ordinance, 2000 reads as under:-- "14. Qualification for candidates and elected members.--- A person shall qualify to be elected or to hold an elective office or membership of a Local Government, if he
(a) is a citizen of Pakistan:
(b) is at least twenty-five years of age;
(c) is enrolled as a voter in the electoral roll of the relevant ward;
(d) is of good character and is not commonly known as one who yiolates Islamic Injunctions; has adequate knowledge of Islamic teachings and practices obligatory duties prescribed by Islam as well as abstains from major sins; provided that these qualifications shall not apply to a person who is a non-Muslim, butsuch a person shall have a good reputation: The plain reading of clause (d) shows that the candidate and elected members should be of good character and not commonly known as violative of Islamic Injunctions and abstains from major sins. The name of petitioner even otherwise appears in the list of refugees of Jammu and she is not qualified to contest the elections.
8. The case-law relied upon by the learned counsel for the petitioner has no relevance with the facts and circumstances. of the present case. It appears that so many factual controversies are involved in the matter and cannot be decided in exercise of writ jurisdiction. The petition is hereby dismissed alongwith listed application.