1986 PLP 2781 (MLD)

FAZL‑I‑MAHMOOD, J.‑‑This writ petition calls in question the validity of the order of an Election Tribunal constituted under the Punjab Local Government Ordinance for Gujrat District as a result of which the election of the Ward in question has been declared to be void as a whole and fresh election ordered.

2. The short ground on the basis of which the learned counsel for the petitioner wishes to advance his case is that the petitioner was recorded as a voter in Ward No. l of the electoral unit and he applied for the transfer of his .vote from Ward No. 1 to Ward No. 2 before the Registration Officer. This application was given on 31‑7‑1983 and war. allowed on 11‑8‑1983. However, this order for the transfer of the petitioner's vote from Ward No.1 to Ward No.2 was not given legal effect in the electoral roll; therefore, for all practical purposes, the petitioner continued to be shown on the electoral roll of Ward No. 1 as a voter. However, on 26‑8‑1983 the constituency was called upon to elect its members through a notification of the Punjab Election Authority.

3. The state of facts as they existed on the record and in the electoral roll on that day was that the petitioner was very much a registered voter of Ward No.1 and his name did not appear in Ward No.

2. In such a situation, the petitioner was obliged to file his nomination for election from Ward No.1.

4. The learned counsel for the petitioner submitted that notwithstanding the fact that the order has been passed by the A . C . / Registration Officer the same could not have been given legal effect after the constituency had been called upon to elect its members i.e. after 26‑8‑1983. The learned counsel has, therefore, pressed into aid the provisions of sections 18 and 20 of the Punjab Local Government Ordinance, 1979, as they stand amended by the Punjab Local Government (Second Amendment) Ordinance, 1983. The sum and substance of this amendment is that by virtue of second proviso to section 18, corrections, if any, made in respect of any electoral roll at any time after the voters of the electoral unit have been called upon to elect its members shall not be taken into consideration till such members had been elected. The intention of the proviso clearly is that during the interregnum from the date when the constituency has been called upon to elect its members and a member has actually been elected at the polls, no correction will be made or given effect to in the electoral roll till such time that the member from that Ward has been elected.

5. We have found substance in the submission of the learned counsel and are constrained to observe that this aspect of the matter has been overlooked by the Election Tribunal.

6. In view of what has been stated above, we would accept the writ petition, declare the impugned order of the Election Tribunal to be without lawful authority and of no legal effect. However, since none has turned up to contest this petition, we would not a Ward any costs. H . B. T .????????????????????????????????????????????????????????????????????????????????? Petition accepted.