HYDERABAD, April 20: A division bench of the Sindh High Court, Hyderabad circuit, here on Tuesday upheld the notification of the election commission regarding the election of Ghulam Ali Gopang as Hyderabad (rural) taluka Nazim.
The judgment was passed by Justice Anwar Zaheer Jamali and Justice Mohammad Mujeebullah Siddiqui on a constitutional petition filed by Iqbal Pahore, who was defeated in the by- elections.
The court said that to be elected taluka Nazim, a candidate was required to secure more than 50 per cent votes of the taluka union council members, and as the People's Party Parliamentarians-backed Awam Dost Panel candidate, Mr Gopang, had secured the required votes, he was rightly declared taluka Nazim.
The court also noted that the election commission had rightly held that vacant seats could not be included in the electoral college contrary to the argument of the petitioner's counsel, therefore, the respondent had secured more than 50 per cent votes.
Mr Gopang's counsel had said in a counter-affidavit that the election commission had also dismissed the petitioner's claim after a proper hearing and added that his client had taken the oath, and if the petitioner had any grievances, he should approach the election tribunal.
The provincial election commissioner (Sindh) had earlier rejected the petitioner's argument and said the election commission had heard both the parties in view of the provisions of the Sindh Local Government Ordinance and added that all returned candidates were deemed members of the electoral college.
