2026 M L D 532
[Balochistan]
Before Shaukat Ali Rakhshani and Sardar Ahmed Haleemi, JJ
GOHAR KHAN LUNI ---Petitioner
Versus
RETURNING OFFICER, PB -6 Duki General Elections 2024 and 5 others ---Respondents
Constitution Petition No. 87 of 2024, decided on 25th January, 2024.
Elections Act (XXXIII of 2017)---
----S.59--- Election dispute ---Polling stations, scheme of ---Objection ---Petitioner /
candidate was aggrieved of scheme of polling--- Another candidate resorted to the
remedy for redressal of his grievance in respect of polling stations in his constituency
relating to provincial constituency of petitioner / candidate as well ---District Election
Commissioner made recommendations to Provincial Election Commission regarding polling scheme but the same was not acceded to and was not incorporated in final election polling scheme issued under S.59 (6) of Elections Act, 2017 --- Petitioner /
candidate only assailed draft polling scheme and did not call in question the final election polling scheme --- Effect --- Petitioner / candidate failed to show that exceptional
circumstances existed in order to alter the scheme of polling stations in terms of S.59 (8) of Elections Act, 2017, particularly when barely 14 days were left in the polling of General Elections of 2024 --- High Court declined to issue any direction to Election
Commission to make any alterations in final election polling scheme --- Constitutional
petition was dismissed in circumstances.
Sher Shah Kasi, Raza Khan and Muhammad Sadiq Khan Mandokhail for Petitioner.
Amir Zaman Jogezai, Additional Advocate General assisted by Shahzad Aslam
and Muhammad Rasees, Assistant Directors Law ECP for Respondents.
Date of hearing: 24th January, 2024.
ORDER
SHAUKAT ALI RAKHSHANI, J .--- The instant constitutional petition has been filed
under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 (“Constitution”) by
the petitioner, which carries the following relief;
“It is according respectfully prayed that it may be declared:
a) that the impugned Polling Scheme dated 10.01.2024 issued by respondents i.e.
Election Commission Authorities, whereby they have once again repeated the irregularities earlier resolved by them through letter dated 16th November 2023 in respect of the polling stations mentioned therein, is patently illegal, void, in excess of authority, unconstitutional, mala fide and of no legal effect;
b) that the impugned action of the respondent No.2 i.e. District Returning Officer, Duki,
whereby he is reluctant to pass any order/direction to the Election Commission authorities for implementation of their letter dated 16th November 2023 for the reasons best known to him, is patently illegal, unlawful, unconstitutional and of no legal effect;
c) Directions may be given to the respondents to implement the letter dated 16th
November 2023 issued by the District Election Commissioner, Duki in letter and spirit and the irregularities/corrections as pointed out earlier may be resolved forthwith, and
d) any other order as may be deemed fit and appropriate in the circumstances of the case
may also be passed, in the interest of justice.”
2. Unfurled facts of the instant petition are that the petitioner being candidate from
PB-VI Duki filed his nomination papers for contesting the forthcoming General Elections
2024, which were accepted by the Returning Officer and that for general seat of NA -252
one of the candidates Sardar Abdul Hafeez Luni raised certain objections with regard to
polling station of District Duki, which were entertained and the grievance was redressed by the District Election Commissioner Duki vide letter dated 16.11.2023 before notification of the upcoming General Elections, 2024. He further averred that the Election Commission subsequently issued polling scheme dated 04.01.2024, whereby the irregularities earlier redressed vide letter dated 16.11.2023 were repeated, thus he approached the concerned District Returning Officer Duki by submitting an application dated 10.01.2024 for implementation of the letter dated 16.11.2023, which was also received by the District Election Commissioner Duki, but no heed was paid, hence this petition.
3. In response to the petition, Assistant Directors ECP entered appearance and contested the
petition on legal and factual premises.
4. Learned counsel for the petitioner inter alia contended that the grievances of the
petitioner were redressed, which were incorporated in letter dated 16.11.2023 by District
Election Commissioner Duki, but subsequently the election polling scheme dated 04.01.2024 was issued to the utter surprise and contravention of the letter ibid, which merits to be set at
naught and the polling scheme requires to be altered in accordance with the letter dated
16.11.2023.
Conversely, learned AAG and Mr. Shahid Aslam, Assistant Director ECP vigorously
opposed the contention of learned counsel for the petitioner. Assistant Director ECP urged that
the letter dated 16.11.2023 were merely recommendations made by District Election
Commissioner Duki for consideration, whereof the draft polling scheme was issued. Assistant
Director ECP maintained that actually the Election Commission has issued a final polling scheme on 20.01.2024, which has not been assailed by the petitioner, thus the instant petition merits dismissal for being not maintainable.
5. Heard. Record perused with the able assistance of learned counsel for the adversarial
parties. The scheme of polling stations are mainly governed by section 59 of Election Act, 2017 (“Act of 2017”), which for ease of reference is reprodunced herein below;
“59. Polling stations. (1) Within one week after appointment of Returning Officers, the
Commission shall provide, in the prescribed format, a list of proposed polling stations for each constituency to the Returning Officer of that constituency indicating the electoral areas assigned to each polling station and publish the list on its website.
(2) The Commission shall, as far as practicable, retain the polling stations established for
the preceding election but it may add to or alter the list as may be required to reduce the distance
preferably to one kilometer between a polling station and the voters assigned to it.
(3) As far as practicable, not more than twelve hundred voters shall be assigned to a
polling station and not more than three hundred voters shall be assigned to a polling booth, and reasons for any deviation shall be recorded in writing.
(4) Within fifteen days of the receipt of the list of polling stations, the Returning
Officer— (a) shall personally verify the proposed polling stations; (b) may add to or alter the list
as he may deem necessary; and (c) shall publish outside his office the preliminary list of polling stations, inviting objections and suggestions, if any, to be filed within twenty- one days of its
publication.
(5) A voter may file an objection or a suggestion with the District Returning Officer,
within the specified period, only in connection with the polling station to which he has been
assigned.
(6) The District Returning Officer may, after hearing the objections or considering the
suggestions, if any filed with him and making such summary enquiry as he may deem necessary,
make alterations in the list of polling stations as may be required and shall, at least thirty days before the polling day, publish in the official Gazette and on the website of the Commission the final list of polling stations of each constituency in the district.
(7) The Commission shall determine the date or dates required for completion of the
actions mentioned in this section.
(8) The District Returning Officer shall not make any change in the final list of polling
stations published in the official Gazette, save in very exceptional circumstances, for reasons to
be recorded, with the prior approval of the Commission and after notice to the candidates.
(9) The Returning Officer shall establish in each constituency polling stations according
to the final list published under sub- section (6).
(10) A polling station shall be situated in any Government building in the constituency
and, where no Government building is available, a polling station may be established in a building owned by a private educational institution registered with the concerned education authorities or an improvised polling station shall be set up on a public property.
(11) A polling station shall not be located in any premises which belongs to or is under
the direct or indirect control of a candidate.
(12) While finalizing the list of polling stations of a constituency, if the District
Returning Officer declares a polling station as highly sensitive, the Commission may, in addition
to appropriate security measures as may be taken, install or direct any Government to install a
surveillance camera in each polling booth of such polling station to record poll proceedings,
counting of vote process and preparation of results by the Presiding Officer.”
The provision ibid enunciates that within a week after appointment of Returning
Officer, the Election Commission of Pakistan (ECP) shall provide a prescribed format enclosed therewith a list of polling stations for each constituency, which may be altered as may be required in order to reduce the distance preferrably to one kilometer between a polling station and the voters assigned to it but not more than 1200 voters shall be assigned to a polling station, however, any deviation shall be recorded in writing. The provision ibid also reads that the Returning Officer subsequently within 15 days of the receipt of the list shall personally verify the proposed polling station and may add or alter list and shall publish the same outside his office, inviting objections and suggestions within 21 days of its publication as envisaged under clause (4) of section 59 of the Act of 2017. The objections and suggestions if any may be filed with the District Returning Officer who shall make a summary inquiry and if deems necessary may make alterations in the list of polling stations at least 30 days before the polling day and publish the list of the polling stations in the official gazzette on the website of the ECP, which shall be final, which may be changed in exceptional circumstances as contemplated under clause (8) of section 59 of the Act of 2017 with the prior approval of the ECP, the copy whereof shall be transmitted to the candidates immediately and after notice to them not later than five days before the polling day.
6. In the instant case, Sardar Abdul Hafeez Luni, a candidate for NA -252 resorted to
the remedy for redressal of his grievances in respect of polling stations in his constituency, relating to the provincial constituency of PB -VI Duki of the petitioner as well, which were
entertained by the District Election Commissinoer Duki vide letter dated 16.11.2023, whereof recommendations were made to the Provincial Election Commission, but seemingly were not acceded to, thus were not incorporated in the final election polling scheme dated 20.01.2024 issued as provided under clause (6) of section 59 of the Act of 2017.
7. The petitioner has merely assailed the draft polling scheme dated 04.01.2024 and has not
called in question the final election polling scheme dated 20.01.2024.
Be that as it may, the petitioner has failed to show that exceptional circumstances exist in
order to alter the scheme of polling stations in terms of clause (8) of section 59 of the Act of
2017, more particularly when barely 14 days are left in the polling day of General Elections of 2024.
8. Thus, no case of issuance of direction to ECP is made out by the petitioner to make
alterations in the final election polling scheme.
9. For what has been discussed hereinabove, we are not persuaded to exercise constitutional
jurisdiction as contemplated under Article 199 of the Constitution.
10. Corollarly, the petition being bereft of merits is dismissed.
MH/146/Bal. Petition dismissed.This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
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