KARACHI, Aug 15: A division bench of High Court of Sindh, comprising Chief Justice Sabihuddin Ahmed and Justice Mohammad Afzal Soomro, on Monday allowed a constitutional petition, dismissed another and reserved order on a petition challenging orders of respective district returning officers and returning officers while it dismissed a petition.
The bench reserved order on a petition filed by Zulfiqar Ali Khan against District Government of Ghotki after hearing official respondent, Barrister Aziz A. Munshi and others from state side and Abdul Mujeeb Pirzada for the petitioner.
AG Sindh Anwar Mansoor Khan addressing the court submitted that under new law, UC or town representatives are entitled to take decisions. The decisions were taken and enforced under Section 2 and 11 of SLGO, he said. The population was asked to express their views over the proposed changes through a publication, AG Sindh said.
He said the petition filed under Article 199 by the petitioner is not maintainable. Mujeeb Pirzada maintained that the action was violative of SLGO.
The bench reserved the orders till Aug 17.
The same bench dismissed a petition filed by Abdul Rasheed who challenged transfer of three Union Counsels from Nawabshah taluka to Daur with reasons to be recorded later.
The same bench allowed a petition filed by Sameeruddin Durrani with reasons to be recorded later.
Asif Ali Abdul Razzak Soomro, appearing for the petitioner, submitted that the government through a notification has transferred four dehs from Rato Dero, District Larkana, to Shikarpur. Even the tapedar circle was broken just before elections. This was a mala fide act and was violative of Section 6 of SLGO, 2002, he submitted.
Another bench, comprising Justice Ghulam Rabbani and Justice Azizullah M. Memon, allowed a petition filed by a candidate for the slot of Nazim, Thul whose nomination papers were rejected for having affiliation with a banned out-fit.
Rizwan Ali Dodani, appearing for the petitioner, submitted that his client had contested general elections in 2002 as an independent candidate and has no connection with any religious or extremist organization.
The nomination papers could not be rejected on the basis of registration of an FIR against a candidate.
The bench after hearing the state side, allowed the petition and permitted the petitioner to contest elections.
The same bench allowed another petition filed by a candidate Mohammad Rahim from Hyderabad while it rejected three petitions filed by Nadir Ali Solangi, candidate for a UC of Mehrabpur, Shafi Mohammad candidate for a UC of Thana Bola Khan and Abdul Latif Soomro of UC Janan Soomro, Tando Mohammad Khan.—APP
