2009 PLP 455 (MLD)
NISAR AHMAD — Petitioner Versus CHIEF ELECTION COMMISSIONER OF PAKISTAN, ISLAMABAD and 4 others — Respondents
| Citation | 2009 PLP 455 (MLD) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | NISAR AHMAD — Petitioner Versus CHIEF ELECTION COMMISSIONER OF PAKISTAN, ISLAMABAD and 4 others — Respondents |
| Primary Law | Representation of the People Act (LXXXV of 1976) |
Q1: What are the key laws and sections cited in 2009 PLP 455 (MLD)?
This judgment primarily cites: Representation of the People Act (LXXXV of 1976) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2009 PLP 455 (MLD)?
The case was heard and decided by the Peshawar bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 455 (MLD) (NISAR AHMAD — Petitioner Versus CHIEF ELECTION COMMISSIONER OF PAKISTAN, ISLAMABAD and 4 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- MUHAMMAD ALAM KHAN, J.---Nisar Ahmed Midad Khel Advocate High Court, District Bar Lakki Marwat, has filed this writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 challenging the entries of bogus votes in his constituency of Dera Pezu District Lakki Marwat.
Headnotes / Summary
S.14
Constitution of Pakistan (1973), Art. 199
Constitutional petition
Entries of bogus votes
Petitioner had challenged the entries of bogus votes in his constituency
Grievance agitated by the petitioner pertained to factual controversy which would require recording of evidence and those persons who had been allegedly entered as voters illegally in the voters list, had not been arrayed in the panel of the respondents
High Court declined to determine in its extraordinary constitutional jurisdiction under Art.199 of the Constitution to probe into the matter and to scan the individual case of each and every voter in the disputed constituency as well as in their native constituency
Petitioner had never raised any objection at the proper time announced by the Chief Election Commissioner and had come to the High Court at a very belated stage, when election was going to be held and election Schedule had been announced
No interference was warranted in the process of election or with respect to de-limitation of constituency or the preparation of the electoral rolls.
Judgment & Decree
MUHAMMAD ALAM KHAN, J.
Nisar Ahmed Midad Khel Advocate High Court, District Bar Lakki Marwat, has filed this writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 challenging the entries of bogus votes in his constituency of Dera Pezu District Lakki Marwat. It was submitted that there is a factory known by the name of Lucky Cement Factory wherein the respondents have got entered the names of those persons who are employees in the said cement factory and their votes have already been registered in their native villages so the entries of double votes are not warranted according to law and so the said entries of the employees of Lucky Cement Factory in the electoral roll of the constituency above mentioned is not only illegal but would attract the doctrine of double voting so it was prayed that after scrutinizing voter list the names of the voters so entered be deleted from the electoral list. We have gone through the record of the case and the data available on the file. The grievance agitated by the petitioner pertains to factual controversy which would require the recording of evidence and secondly those persons who have been allegedly entered as voters have not been arrayed in the panel of the respondents. Furthermore, it is impossible for this Court to determine in its extraordinary constitutional jurisdiction under Article 199 of the Constitution to probe into the matter and to scan the individual case of each and every voter in the disputed constituency as well as in their native constituency. It is also important to note that according to the law applicable to the subject the Chief Election Commissioner prepared the electoral rolls which were then displayed for circulation in the relevant constituencies and objections are called and the learned returning officer concerned, scrutinized the objections and then to decide the matter. The petitioners have never raised any objection at the proper time announced by the Chief Election Commissioner and have come to this Court at a very belated stage when the election is going to be held on 18-2-2008 and when the election schedule is announced and date for election is fixed no interference is warranted in the process of election or with respect to de limitation of the constituency or the preparation of the electoral rolls as held in the case reported as "Election Commission of Pakistan through its Secretary v. Javaid Hashmi and others" PLD 1989 SC
396. This being the position there is no force in the present writ petition which is dismissed in limine. H.B.T./212/P Petition dismissed.