2006 PLP 43 (YLR)

MUHAMMAD JEHANGIR ARSHAD, J.

The petitioner claiming himself as voter of Union Council No.26, Ahmadpur Lamina Deh, Tehsil Sadiqabad, District Rahimyar `Khan, seeks direction to respondent No.2 to include his name in the voters list of above mentioned union council and in consequence thereof seeks further direction to' respondent No.4 restraining him from rejecting his nomination papers for want of inclusion of his name in the voters list of the said union council.

2. The reason for filing of this writ petition is that the petitioner to contest bye-election of said union council had obtained a certificate from the Assistant Election Commissioner, Rahimyar Khan on 8-3-2004 (Annexure-D) whereby he was shown as voter at Serial No.300 of the said union council but for the purpose of filing of nomination paper under the present schedule of the Local Bodies Elections, it transpired that his name was not available on the electoral roll of the said union council.

3. As this writ petition was filed on 22-7-2005 one day before holding of scrutiny of nominations papers, hence keeping in view the urgency of the matter, the case was fixed for today i.e. 25-7-2005 and the scrutiny of nomination paper of the petitioner was ordered to be postponed till 26-7-2005.

4. Today Syed Shaheen Masood Rizvi, learned Law Officer along with Mr. Zafar Iqbal, Deputy Election Commissioner, Bahawalpur has entered appearance along with record. He has also submitted a report.

5. According to the said report, the petitioner's name still exists in the electoral roll of 2000/2001 prepared for Local Government Elections in the electoral area of Ahmadpur Town Committee and it was never transferred to union council Ahmadpur Lamina Deh, hence he is not eligible to contest the present Local Bodies Elections from the area of Union Council, Ahmadpur Lamma Deh. It is further pointed out in the said report that earlier petitioner himself got transferred his vote from the area of Ahmadpur Town Committee to the area of Union Council, Ahmadpur Lamma Deh but not in terms of the electoral rolls prepared under section 56 of the Local Government Ordinance but for the purpose of contesting general election of National/Provincial Assembly under the Electoral Rolls Act,1974. The contention is that since for the purpose of local bodies election as well as the general election two separate electoral rolls under two distinct laws/rules are prepared, hence the petitioner cannot claim himself eligible to contest the election of Local Bodies in the absence of entry of his vote in the electoral roll specifically prepared under section 56 of the Local Government Election.

6. I have considered the arguments of the learned counsel for the petitioner as well as the. learned Law Officer and perused the record.

7. Admittedly the petitioner himself moved an application to the Revising Authority under the Electoral Rolls Act, 1974 seeking transfer of his vote from Ahmadpur Town Committee to Union Council, Ahmadpur Lamina Deh but never sought the transfer of his vote from Ahmadpur Town Committee to Union Council, Ahmadpur Lamina Deh in terms of the Electoral Rolls prepared exclusively for Local Bodies Elections.

8. Since the electoral rolls are to be prepared under two different rules, hence the change in one cannot automatically amount to change another. As the petitioner never got his vote transferred from the area of Ahmadpur Town Committee to the area of Union Council, Ahmadpur Lamina Deh from the electoral rolls prepared under the Local Government Ordinance, hence it is too late to direct the Election Authorities to include his name in the electoral roll of the Union Council, Ahmadpur Lamma Deh especially when schedule for inviting nomination papers of Local Bodies Election has already been issued and the election process is now in full swing. This petition has therefore, no force which is hereby dismissed in limine. Petition dismissed in limine. S.A.K. /M-1254/L