Syed SAMAR HASSAN SHAH vs ELECTION COMMISSION OF PAKISTAN S — 2024 MLD 343 KARACHI-HIGH-COURT-SINDH

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Syed SAMAR HASSAN SHAH VS ELECTION COMMISSION OF PAKISTAN S. 35(1)(b)---Sindh Local Councils (Election) Rules, 2015, Rr. 16 & 18---Qualification of candidate---Determination---Petitioner contested the elections of member of Municipal Committee---Returning Officer rejected nomination papers of petitioner on ground that he had not attained the age of 21 by the last date of filing of the nomination papers---Validity---No valid contention was raised by the petitioner regarding his age being incorrectly noted, rather the same was admitted---Section 35(1)(b) of the Sindh Local Government Act, 2013, in clear terms required that a candidate be at least twenty one years by the final date of filing of nomination papers (15.06.2022) which the petitioner failed to comply with---B-Form of the petitioner issued by the NADRA on 15.02.2018 which was filed with the objections of the interveners/respondents before the Appellate Authority showed the date of birth of the petitioner to be 23.06.2003 while his Birth Certificate issued on 30.08.2019 showed his date of birth to be 23.06.2001, a difference of two whole years---Passport provided by the petitioner was also issued on 01.12.2020 whereas the CNIC of the petitioner which was produced with the objections of the interveners before the Appellate Authority showed his date of birth as 23.06.2001 and was issued in the year 2020---Earliest acceptable entry of the date of birth of the petitioner was in the B-Form which was issued in 2018---As such, the petitioner's own version regarding his age being 21 by the time he took oath or even at the time of appeal was contradicted by those documents---Not only that, since the petitioner provided two different date of births, the decision of the Appellate Authority became a finding of fact which could not be disturbed by High Court while exercising its Constitutional jurisdiction---Constitutional petitions were dismissed, in circumstances.

Syed SAMAR HASSAN SHAH vs ELECTION COMMISSION OF PAKISTAN S — 2024 MLD 343 KARACHI-HIGH-COURT-SINDH

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