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SAKHEERO KHAN versus DEPUTY COMMISSIONER, KHAIRPUR


Sindh Local Government Ordinance 1979 Section 37 (2) (g) Sindh Local Council (Election) Rules, 1979, R 19 (3) (d) (ii) rejected the applicant's nomination papers as the papers were rejected. The wrong number of the unit in the same constituency was mentioned by the applicant in which the respondents mentioned the appeal against the order of deputy commissioner wrong unit in respect of any other unit in the same constituency but His nomination, which was also rejected, was unanimously allowed by the Deputy Commissioner. An appeal has been filed against the Deputy Commissioner of the same date as in connection with the same constituency election. On the same date, two identical appeals passed conflicting orders; the appellate authority should not have applied double standards; it should have rejected or accepted both appeals' decisions. The appeal in respect of the defendant was valid and should have been approved by the appellate authority in respect of the defect in the position of the applicant. Regardless of the nature of the applicant's papers, their papers could not be rejected by the nominee Returning Officer who would be rejected under the circumstances.

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