21/2018 E.P Irfan Ahmed Khan Jatoi (Petitioner) V/S Abid Hussain Bhayo & others (Respondent)
Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
Order Date: 27-FEB-19
I would take into consideration is the service to be effected upon respondents before or at the time of presenting the petition. This petition was sent through courier on 19.09.2018 at 09:54 p.m. The receipts are available in the miscellaneous file, which is a part of the main file. The courier was sent to this Tribunal and all other contesting respondents including the returned candidate. No doubt, in Section 143(3) of the Elections Act, 2017, the intention of the legislature is clear as it talks about petitioner to serve a copy of the petition along with annexures to the respondents, however, the record reveals that it was sent to the Tribunal as well as to the contesting respondents at the same time. It was received by the Tribunal at 12:00 noon on 22.09.2018. The agent / TCS courier may have consumed time in preparing different receipts and for that reason, different time is disclosed in the receipts but for all intent and purposes, it was done at the same time. The Tribunal was shown to have delivered this petition, as stated above, on 22.09.2018 at 12:00 noon, whereas, other for other consignees, the date and time of delivery is not disclosed. Although, the presumption is only attached to the registered post in terms of Section 27 of the General Clauses Act, but in view of the above facts and circumstances, it would amount to stretching it too far in case it is presumed that the notices of the petition were not delivered or served presumably at the same time when this Tribunal received the memo of petition along with annexures. It may also be noted that 20th and 21st of September were declared as public holidays being 9th and 10th of Moharram-ul-Haram.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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