The learned counsel for the petitioner states that the nomination papers of the petitioner have been rejected by the Returning Officer on the ground that those are not signed by the candidate or by the proposer or seconderer. Appeal filed by the petitioner also failed. As per the counsel for the petitioner, this is a curable defect and the learned Returning Officer, should have allowed the candidate or seconderer/proposer to sign the papers. In this behalf, reliance has been placed on Ghulam Nabi v. Khuda Bakhsh and 2 others (PLD 1984 Karachi 245) and an unreported judgment of this Court in Writ Petition No.7676 of 2001.
2. From the above law, it is clear that such defect was curable and the Returning Officer or the Appellate Authority, should have allowed the petitioner to sign the affidavit and the nomination papers.