1989 PLP 3628 (MLD)

Faqir Muhammad Khokhar, Standing Council for the Federal Government. Date of hearing: 21st August, 1989. ' By this petition, Amir Ali Bhatti, the petitioner, who is a candidate m the forthcoming bye‑election to the Punjab Provincial Assembly from Constituency No. PP‑140, Sheikhupura complains of various irregularities allegedly being committed by the respondents and seeks issuance of certain directions from this Court so as to ensure that the election is conducted fairly and in accordance with law and the Constitution. By the orders of this Court dated 16‑8‑1989, the respondents were called upon to submit their reports and parawise comments which have ‑been riled today by the learned Advocate‑General m which the allegations made in the petition have been denied, and it has been stated that the respondents are acting m accordance with law. The learned Advocate‑General also states that the respondents shall continue to 'act strictly in accordance with law and shall not in any manner, effect the electorate or the elections.

2. On their oral request made by the learned counsel for the petitioner which was followed by a written application (C.M. No. 2649 of 1989), the Election Commission of Pakistan and Federal Government were impleaded as respondents. Mr. Abdul Aziz, Provincial Election Commissioner Punjab who is present, has submitted parawise comments on behalf of the Election Commission of Pakistan. Alongwith the report, he has also filed a copy of the letter, dated 20th August, 1989 in which certain directions have been issued by the Chief Election Commissioner to the Deputy Commissioner, Sheikhupura for effective enforcement of law and order. Mr. Faqir Muhammad Khokhar, Advocate who has appeared on behalf of the Federal Government states that so far as the Federal Government is concerned, its anxiety is to ensure that free and fair elections are to be held in the Constituency.

3. Article 218 of the Constitution of Islamic Republic of Pakistan, 1973 ordains that it shall be the duty of the Election Commission to organise and' conduct the elections and to make such arrangements as are necessary to ensure that the elections are conducted honestly, justly, fairly and in accordance with law and that corrupt practices are guarded against. It is provided under Article 220 of the Constitution that it shall be the duty of all Executive authorities of the Federal and Provincial Governments, to assist the Commissioner and the Election Commission in the discharge of his or its functions. Similarly, under section 103 of the Representation of People Act, 1976, the Commission is empowered to issue such instructions and exercise such powers and make such consequential orders as may in its opinion be necessary for ensuring that an election is conducted honestly, justly and fairly and in accordance with the provisions of this Act and the rules.

4. As is evident from the report of the Election Commission of Pakistan, the petitioner had approached the Election Commission through two telegrams on which suitable directions have already been issued and the District Magistrate has been directed to ensure the maintenance of law and order so that the electorate may exercise the right of vote freely in a peaceful atmosphere and that the election is held in an honest just and fair manner. If indeed the petitioner has any further grievance, it can be brought by him to the notice of the Chief Election Commissioner through appropriate proceedings.

5. As regards the grievance of the petitioner that the directions issued under section 144, Cr.P.C. by the Additional District Magistrate are being violated with impunity, the learned Advocate‑General denies the allegations and has assured the Court that the District Administration shall ensure that section 144 of Cr. P.C. is not violated and in case of such violation appropriate action shall be taken against the delinquents.

6. It was lastly submitted by the learned counsel that the Federal Government under Article 245 of the Constitution is empowered to call upon the Armed Forces to act in the aid of civil powers and, therefore, necessary directions be issued in this behalf. 1t is to be noticed that the Chief Election Commissioner by means of his order, dated 20th August, 1989, has already directed that the District Magistrate in consultation with the District Returning Officer and Returning Officer may avail of the services of the Rangers. 1f the petitioner has any further apprehension he may approach the Chief Election Commissioner it this behalf. . With these observations this petition is disposed of. H.B.T./A‑737/L