Haider Ali Khan Jamali V. Returning Officer/Adc Jaffarabad,
Bench: Muhammad Kamran Khan Malakhail
📝 AI Summary — Plain-Language Overview
This case involved a candidate, Haider Ali Khan Jamali, who wanted to contest a local government election from Ward No. 2 of Municipal Committee Usta Muhammad in Balochistan. He had originally submitted nomination papers from multiple constituencies, including one where his name actually appeared on the electoral roll, but withdrew from those and sought to contest from a ward where his name was not registered as a voter. His nomination was initially accepted by the Returning Officer, but on appeal by another candidate, the Appellate Authority rejected his papers because his name was not on the electoral roll for that ward. He then approached the High Court seeking a direction that he be included in the list of validly nominated candidates.
The High Court dismissed the petition. It held that under the Balochistan Local Government Act, 2010, a candidate must be a registered voter in the electoral roll of the relevant ward to qualify for election there. It also relied on Section 20 of the Electoral Rolls Act, 1974, which bars any correction or revision of electoral rolls once an election schedule has been announced. Since the petitioner had over five months before the election schedule was announced to correct his voter registration but failed to do so, the court found the electoral roll could not be corrected at this late stage.
This case matters because it clarifies that candidates must ensure their voter registration is accurate well before elections are announced, and courts cannot override statutory deadlines for correcting electoral rolls once the election process has begun.
یہ مقدمہ حیدر علی خان جمالی نامی ایک امیدوار سے متعلق ہے جو بلوچستان میں میونسپل کمیٹی اوستہ محمد کے وارڈ نمبر 2 سے بلدیاتی الیکشن میں حصہ لینا چاہتے تھے۔ انہوں نے ابتدائی طور پر متعدد حلقوں سے کاغذات نامزدگی جمع کروائے تھے، جن میں ایک ایسا حلقہ بھی شامل تھا جہاں ان کا نام دراصل ووٹر لسٹ میں موجود تھا، لیکن انہوں نے ان حلقوں سے دستبرداری اختیار کر لی اور اس وارڈ سے الیکشن لڑنے کی خواہش ظاہر کی جہاں ان کا نام ووٹر کے طور پر رجسٹرڈ نہیں تھا۔ ریٹرننگ آفیسر نے ابتدائی طور پر ان کے کاغذات نامزدگی منظور کر لیے، لیکن ایک دوسرے امیدوار کی اپیل پر اپیلٹ اتھارٹی نے یہ کاغذات مسترد کر دیے کیونکہ ان کا نام اس وارڈ کی ووٹر لسٹ میں شامل نہیں تھا۔ اس کے بعد انہوں نے ہائی کورٹ سے رجوع کیا اور یہ استدعا کی کہ انہیں باقاعدہ نامزد امیدواروں کی فہرست میں ش
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2014 C L C 1381 [Balochistan] Before Qazi Faez Isa, C.J. and Muhammad Kamran Khan Mulakhail, J HAIDER ALI KHAN JAMALI----Petitioner Versus RETURNING OFFICER/ ADC JAFFARABAD and 2 others----Respondents Constitutional Petition No.S-111 of 2003, decided on 20th December, 2013. Electoral Rolls Act (XXI of 1974)--- ----S. 20---Balochistan Local Government Act (V of 2010), Ss.23 & 24---Constitution of Pakistan, Art.199---Constitutional petition---Corr ection of electoral rolls---Bar to such correction---Scope---Electoral rolls should not be rendered invalid by reason of any erroneous description therein of any person listed or of an omission of the name of any person entitled or of inclusion of the name of a pers on not so entitled-- -Electoral rolls prepared before general election could be used in the forthcoming local bodies election---Sufficient time was provided to the applicant to seek correction of electoral rolls prior to the anno uncement of election--- Electoral rolls could not be correct ed at such belated st age in view of the ba r contained in S.20 of Electoral Rolls Act, 1974 as election schedul e had been announced---Constitutional petition was dismissed in limine.
Nadir Ali Chalgari for Petitioner. Haroon Kasi, Law Officer, Pr ovincial Election Commissi oner and Shai Haq Baloch, Asstt. A.-G. for Respondents. Date of hearing: 22nd November, 2013.
ORDER
MUHAMMAD KAMRAN KHAN MULAKHAIL, J. --- The nomination papers of the petitioner were accepted by the Returning Office r (respondent No.1) and said acceptance order was assailed by the respondent No.2 in Appeal No.12 of 2013 before th e Appellate Authority District Judge, Dera Allahyar, who vide order, dated 18-11-2013, ac cepted the appeal and rejected the nomination papers of petitioner. The petitioner th rough instant petition has sought direction to respondents for including his name in the list of validly nominated candidates of Ward No.2 of Municipal Co mmittee, Usta Muhammad.
2. The learned counsel for the peti tioner contended that the petiti oner is enrolled as voter in electoral roll of Union Counc il Aliabad of District Council Jaffarabad and submitted the nomination papers from two constituencies, one, where his name exists and another for Ward No.2 of Municipal Committee, Usta Muhammad. Ho wever, on verbal assurance of the Returning Officer/ADC, Jaffarabad (respondent No.1) he withdrew from Union Council Ali Abad, therefore, he may be allowed to contest the election from Ward No.2 of Municipal Committee, Usta Muhammad. 3. The perusal of record with the memo of petition further reveals that the name of the petitioner is in Ward No.7 of Municipal Committee Usta Muha mmad where, he had also submitted the nomination papers, which too, wa s withdrawn and nomination papers of the petitioner were accepted for Ward No.2.
4. To better understand the cont roversy it would be advantag eous to reproduce relevant provisions of sections 23 and 24 of Balochis tan Local Government Act, 2010 ("the Act") as under:---
"23. Electoral Rolls:
(2) The Electoral Roll the local council shall be prepared by the Election Commission in the manner it may deem appropriate or adopt the el ectoral rolls prepared for the elections of Provincial Assembly and the electoral rolls sh all not be invalid by r eason of any erroneous description therein of any person li sted or of an omission of any pe rson entitled to be enrolled or the inclusion of name of any person not so entitled. (3) Every person, whose name is entered in the electoral roll, and no person, whose name is not so entered shall be entitled to cast a vot e at an election to the local council--- "24. Qualification for candida tes and elected members.
(1) A person shall qualify to be elected or to hold an elective office or membership of local council if, he
(c) is enrolled as a voter in the electoral of the relevant ward:"
Therefore the Election Commissi on of Pakistan and the Provi ncial Election Commissioner are the sole authorities to achieve the object of the Act in resp ect of election of local bodies.
5. The matter of inclusion or exclusion of any na me in the electoral ro ll is governed by the Electoral Rolls Act, 1974 ("the Electoral Rolls Act"). The election schedule for the coming local bodies elections was announced by the Election Commission of Pakistan on 31-10-2013; hence section 20 of the Electoral Rolls Act (reproduced here under) is applicable.
"20. No correction to be made afte r constituency called upon to elect. No revision or correction of a ny electoral roll for an electora l area shall be made nor shall any order under section 19 be made in respec t of any electoral roll at any time after the constituency of which such electoral area fo rms part has been called upon to elect its representative and before such representative has been elected."
6. A comparison of the referred to sections of the said two enactments suggests that the legislatures in their wisdom included and validated the electoral rolls prepared for the election of Provincial Assembly which shall not be rendered invalid by reason of any erroneous description therein of any person listed or of an omission of the name of any person en titled or of inclusion of the name of a person not so entitled. The elec toral rolls prepared before the general elections held on 11th May, 2013 can be used in the forthc oming local bodies electi ons and prior to the announcement of the election schedule dated 31st October, 2013, sufficient time was provided to seek correction of the electoral ro ll. At this belated juncture the electoral roll cannot be corrected in view of the bar contained in section 20 of the Electoral Rolls Act. Moreover the election schedule has also been announced. 7. The petitioner intends to contest the election but he had not checked as to whether his name was incorporated in the el ectoral roll, despite having a fair and reasonable opportunity spreading over a period of more than five months i.e. from 12th May, 2013 to 30th October, 2013. It is suffice to observe that respondent No.1 has acted in utte r violation of a pplicable law, when all three nomination papers filed from thr ee different constituencies have been accepted, although, the petitioner subsequently withdrew from two constituencies. He now wants to contest an election from the constituency of his own choi ce. The provisions of section 20 of the Electoral Rolls Act, 1974 and section 24(1)(c) of the Baloch istan Local Government Act, 2010 are a bar in doing the same.
These are the reasons for our short or der dated 22-11-2013. whereby petition was dismissed in limine.
AG/33/Bal. Petition dismissed.