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SYED SARFRAZ HUSSAIN SHAH versus ADDITIONAL DISTRICT AND SESSIONS JUDGE/RETURNING OFFICER


Section 14 and 99 Sindh Local Government Ordinance (XXVII of 2001), Section 158 Constitution of Pakistan (1973), Article 63 Appeal for nomination papers on the basis of disqualification Appellant, who was held at the office of Tala Nazim at the time of submission of papers. And submitted three nomination papers to contest the elections to the provincial assemblies, but all papers were rejected on the ground that Article 63 (c) of the Constitution had disqualified the candidate / applicant and Article 158 of the Sindh Local Government Ordinance 2001 Has also banned its nomination papers. The Sindh Local Government Ordinance, 158 of 2001, provided that after the resignation of the moderator of Article 158 of the Ordinance, a Talaq Nazim could contest for any other political post, without first resigning to the first moderator. Was banned from contesting elections. The post of the Nazim Election was a very broad term and it was a continuous process which consisted of a series of steps, from the submission of the nomination papers to the declaration of the result. Sindh did not submit Section 158 of the Local Government Ordinance, 2001, under which Nazim was banned from contesting elections. Article 63 (1) (s) of the Returning Officer of the Constitution was rescued, without resigning from the position of first moderator, in the absence of any illegal and weak waiver of invalid orders under the circumstances, Was rejected. Dismiss

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