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P L D 1984 Karachi 145
Before Ajmal Mian and Haider All, JJ
ABDUL HASAN AZAD-Petitioner
versus
PROVINCIAL ELECTION AUTHORITY, KARACHI
AND 2 OTHERs-Respondents
Constitutional Petition No. D-660 of 1983, decidod on 27th September, 1983;
Provisional Constitution Order (1 of 1981)-
.-- Art. 9-Sind Local Government Ordinance (XII of 1979), S. 37(3) Disqualification of candidate-Initial burden on Authority to show that there was evidence against candidate rendering him disqualified within purview of S. 37 (3) or any other provision-Order of Authority not containing any detail of evidence of adverse record of candidate nor basis or source of constituting any such record-Held, right of franchise or right to contest election a valuable right-Person cannot be denied such right on vague allegations.-[Burden of proof].
Muhammad Muzaffarul Haq for Petitioner.
Sayeed A. Shaikh, A.-G. for Respondents.
Date of hearing : 27th September, 1983.
' AJMAL MIAN, J. -The petitioner through this petition has prayed for
the following reliefs:-
"To declare the Order of the respondent No. 2 dated nil (Annexure "'B'-I" of the petition) passed on 31-8-1983 without lawful authority having no legal affect and further declare that the petitioner is can didate for the election of Local Bodies 1983 from Unit No. 106 K, M. C., Karachi, and allow to contest the election as per schedule and grant costs of the petition and grant other relief as deem fit and proper in the circumstances of the case."
2. The brief facts leading to the filing of the above petition are that the petitioner filed nomination paper for Local Bodies Election for K.M.C. Unit No. 106, Karachi (East) before respondent No. 3, which was accepted, on 25-8-1983 as no objection was filed from any quarter. After that the petitioner was served with a notice, dated 29-8-1983 by the Election Authori ties, Karachi, under. section 37 of the Sind Local Government Ordinance, 1979, directing the petitioner to appear in person before the Deputy Com missioner (East), Karachi, on 31-8-1983 at 10-00 a. m. in his office in order to meet the adverse report received against him rendering him to be dis qualified under above section 37. The petitioner appeared in pursuance of the above notice, when the following order was passed.
"Since no proof has been furnished to show that he has no criminal record and because there is adverse report against him on the police record ; he is disqualified to be a candidate of the Local Bodies Election of 1983."
3. It may be noticed that in the above order, it has been stated than since the petitioner has not furnished any proof that he had no criminal record he was disqualified. We are inclined to hold that initial burden is on the authority to show that there was some evidence against the petitione rendering him disqualified within the purview of section 37 (3) of the Ordi nance or under any other provision. The impugned order does not contain any detail of the nature of the adverse police record nor the basis or source of constituting the police record. We are further inclined to hold that a person cannot be denied the right of franchise or contest an election, which are valuable rights, on the basis of such a vague allegations.
4. We, therefore, allow the above petition, and declare the impugned order as without lawful authority and of no legal effect. The respondents are restrained from acting upon the above order. The petitioner would be permitted to contest the election if his name has been printed on the ballot paper.
M. g. A. Petition allowed.
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