2006 PLP 176 (MLD)

MIAN SAQIB NISAR, J.

According to the contents 6f the writ petition, both the petitioners are the candidates for the post of Tehsil Nazim, Chobara, District Layyah, whereas, respondent No. 10, is also contesting for the same post, who according to the petitioners, is a nominee of the Chief Minister of Punjab. The grievance of the petitioners is that pre-poll rigging has been commenced by the respondents and the whole machinery of the Government has started a campaign in favour of respondent No. 10, on the direction of the Chief Minister Punjab and the efforts are being made to pressurize the petitioner to withdraw from the elections. In this regard it is stated:-- (A) That the respondent No.5 District Food Controller, Layyah summoned the brother of the petitioners to convey him a message of the Secretary Food Government of Punjab that the petitioners must to withdraw from the election, otherwise the petitioners' Flour Mills known as "Rustam Rehman Flour Mills" shall be sealed and its quota of Wheat shall be cancelled, etc. (B)That one Ali Raza,, a friend and supporter of Qaiser Khan Magassi, has got a false case registered vide F.I.R. No.179 of 2005 dated 17-9-2005 against the petitioner No.2 and respondent No.1 DPO and respondent No.2, S.H.O. have threatened the petitioners to withdraw from the election otherwise, they shall be arrested and confined till the end of the election. (C) That the Tehsildar Chobara, respondent No.7 summoned the petitioners, made threats, asking them to withdraw from the election and telling them that if the needful is not done, the petitioner shall be deprived of their agricultural land and shall be involved in false cases. (D)It is also stated in the petition that the respondents are openly canvassing for respondent No. 10 and are exerting their influence to ensure his win.

2. According to the contents of paragraph No.5 of the petition, the petitioners have informed this to the Chief Election Commission Islamabad, but without any response, therefore, on the basis of the above set of facts, it is claimed that the respondents are violating the petitioner's fundamental rights as mentioned in the petition and the relief sought from the Court is "It is respectfully prayed that appropriate orders/ directions be issued to the respondents, restraining them from rigging the election of the petitioners by adopting the tactics of threatening pressurizing, involving in false case, interfering and creating hindrances in the free trade/business of the petitioners, canvassing pressuring and threatening the voters for ensuring votes in favour of Qaiser Khan Magassi (respondent No. 10) and in any other illegal and unlawful manner, which can effect the election of Tehsil Nazim, Chobara". It is further prayed that the respondent be directed to ensure free, and fair election, which they are duty bound under the constitution and also be restrained from violating the fundamental rights of the petitioners.

3. From the contents of the petition, it is a clear case of disputed facts and I am of the considered view that the respondents are not going to accept the allegations levelled against them. I am also not much convinced that all the respondents have hatched a conspiracy against the petitioners and have started intimidating them to withdraw from the election. If, however, any action is taken against the petitioner, which is adverse to their business, and property, and they feel it to be against their fundamental rights, obviously, they can approach the proper forum for an appropriate relief. But at the present, the case of the petitioners is more in the nature of abstract lacking and concrete material to support their version. As regards the registration of the criminal case is concerned, the matter is pending investigation with the concerned authorities and I do not find appropriate to assume that the case registered against the petitioners is due to the reasons stated in the petition.

4. To hold free, fair and impartial election is the duty of the Chief Election Commissioner/Election Commission of Pakistan and the petitioners have approached the right forum and should wait for the response and if not heard soon, should try to meet the Chief Election Commissioner. I am sure that their grievance shall be attended to. But before parting, I may like to caution the respondents/officials of the Food Department, the Revenue Officers and the police officials that they should not be partisan in the election and should abstain from intimidating and pressurizing anyone to withdraw from the contest of the election or to show support to the opposite candidate; obviously, if any thing of the sort is done by them, they may be held for the misconduct, which may effect their service. With the above observation, I do not find appropriate to take any action dismissed. F.M./Z-131/L????????????????????????????????????? Petition dismissed.