SAEED AHMED vs FEDERATION OF PAKISTAN S — 2022 PLD 508 KARACHI-HIGH-COURT-SINDH

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SAEED AHMED VS FEDERATION OF PAKISTAN S.23 (1)---Sindh Local Councils (Election) Rules, 2015, Rr. 16 & 18---Election dispute---Nomination papers---Mandatory requirements---Declaration of assets, non-filing of---Joint nomination papers---Effect---Petitioners were aggrieved of rejection of their nomination papers for failure to file their declarations of assets and filing of joint nomination papers---Validity---Non-compliance of mandatory provision of R.16(3) of Sindh Local Councils (Election) Rules, 2015 and non-filing of declaration of assets on solemn affirmation by petitioners, was defect of substantial nature that could not be remedied under proviso to R.18(3) of Sindh Local Councils (Election) Rules, 2015---Nomination papers of petitioners were liable to be rejected under R.18(3)(c) of Sindh Local Councils (Election) Rules, 2015, as it specifically provided such consequence in case of non-compliance of R.16 of Sindh Local Councils (Election) Rules, 2015---In absence of name of candidate and signature of his seconder, his nomination form could not be deemed to have been filed in prescribed form and such was a substantial defect---Joint nomination could not be filed independently or singly which was liable to be rejected under R.18(3)(c) of Sindh Local Councils (Election) Rules, 2015---Candidate contesting Local Government Elections under Sindh Local Government Act, 2013 was required to disclose/declare his assets on solemn affirmation in prescribed form at the time of filing his nomination papers---Such requirement was mandatory and in case of non-compliance nomination papers were liable to be rejected---High Court declined to interfere in orders passed by Returning Officers---Constitutional petition was dismissed, in circumstances.

SAEED AHMED vs FEDERATION OF PAKISTAN S — 2022 PLD 508 KARACHI-HIGH-COURT-SINDH

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