Agha Mir MUSTAFA KHAN DURRANI vs FEDERATION OF PAKISTAN through Secretary Election Commission of Pakistan Ss

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Agha Mir MUSTAFA KHAN DURRANI VS FEDERATION OF PAKISTAN through Secretary Election Commission of Pakistan Ss. 35(1)(c) & 37(2)(a)---Local Government elections---Urban and rural areas---Qualifications as a member of council---Petitioner filed his nomination papers in Form-III (A) to contest local council elections for the seat of Member of Ward which was accepted by the Returning Officer---Respondent filed Election Appeal, which was allowed---Held, that the Districts in Sindh Province were categorized under S.8 of the Sindh Local Government Act, 2013 (Act) into urban area and rural area---In urban area of a District, the local areas consisted of Metropolitan Corporation, Municipal Committee, Town Committee, Union Committee and Ward ----In rural area the local areas consisted of District Council and Union Council---Person qualified to be elected or chosen as a member of the Council, if he was enrolled as a voter in electoral rolls of the concerned Council or ward---Person contesting for the District Council membership could contest the election from any Union Council of the District and the person contesting for the membership of the Town Committee or Municipal Committee might contest the election from any ward of the respective Committee provided that his proposer and seconder were registered voters of the concerned Union Council or Ward---In the case in hand, it was admitted position that the petitioner, who was enrolled as a voter in Ward No. 5 in the electoral of the Town Committee, (G.Y)/ Council, had intended to contest election as a Member of Ward No. 4 of the said Town Committee and his proposer and seconder were registered voters of the Ward No.4 of the said Town Committee---Petitioner was contesting election for a Town Committee which under S.15(ii) of the Act comprised of single member wards falling within a Town Committee and comprised of each member elected from its respective wards including reserved seats as provided under S.18(9)(b) of the Act---Petitioner was an enrolled voter in the Elections Rolls of concerned Council / Town Committee, (G/Y) and he was contesting election from a representative ward of the said Town Committee---Petitioner's proposer and seconder were registered voters of the Ward No.4 of the said Town Committee, therefore, he qualified to contest the election for the membership of Town Committee/Council---Constitutional petition was allowed and direction was given to the Returning Officer to issue revised list of contesting candidates by inserting name of the petitioner as candidate for the seat of Member of Ward and allow him symbol as per the relevant rules.

Agha Mir MUSTAFA KHAN DURRANI vs FEDERATION OF PAKISTAN through Secretary Election Commission of Pakistan Ss — 2023 YLR 1 KARACHI-HIGH-COURT-SINDH

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