2016 PLP 1617 (MLD)

The above petitions are being disposed of through common order as the same involve: the similar controversy, whereas, it has been alleged in these petitions that the result of polling station G.P.S (Male and Female) Kaman Kanhar, Ward-3 of Union Council, Noorpur, Taluka Kingri, District Khairpur Mir's, has not been announced by the Returning Officer inspite of the fact that election process was completed in the said polling station on 31.10.2015. Notices were issued, pursuant to which comments have been filed on behalf of respondents, whereas, Returning Officer shown his appearance and placed on record copy of letter dated 31.10.2015, issued to District Returning Officer, Khairpur Mir's, and Notification No1.6(I)/2015 LGE(S) dated 06.11.2015 and submits that since there With serious disturbance in the above Polling Station before the election process could be completed, therefore, the matter was reported to the District Returning Officer, Khairpur, whereafter the matter was reported to Election Commission of Pakistan who vide Notification dated 06.11.2015 has announced re-polling on various polling stations including above polling station which is to be held on 14.11.2015. It is further stated that all the coda! formalities in terms of Rule 29 sub-rule 2 of the Sindh Local Councils (Election) Rules, 2015 R/w Section 34 of the Sindh Local Government Act, 2013 have been complied with, there is no violation of law and rules on the part of the respondents. Learned Asst A.G. and D.A.G, in view of hereinabove position submit that the termination of the polls in the aforesaid polling station by the Returning Officer and the notification for re-polling by the Election Commission of Pakistan, do not suffer from any error or illegality, whereas no prejudice is caused to either party and submit that instant petitions are misconceived and liable to be dismissed. We have heard the learned counsel for the parties and perused the record. It will be advantageous to reproduce hereunder the relevant part of letter dated 31.10.2015 issued by Assistant Commissioner/Returning Officer, Taluka Kingri, addressed to District Returning Officer, Khairpur Mir's, which read as follows:-- "It is submitted that polling process on polling stations GPS Kaman Kanhar could not be completed by 5:30 pin and around 350 voters who were present inside polling premises were unable to cast their votes. As per directions of Election Commission. they had to be allowed to cast vote. But a candidate and his supporters stopped voters from casting votes and resorted to violence. Some personnel carrying) weapons surrounded the polling station and situation got out of control. Due to possibility of blood-shed, on the directions of your kind self polling staff and polling material were escorted to safe place with hell of Ranger and Police. From perusal of the provisions of Rule 29 of Sindh Local Councils (Election Rules, 2015, it appears that it is responsibility of the Returning Officer to ensure that the elections are held in a peaceful atmosphere, whereas, in case of any interruption, he has authority to refer the matter to the District Returning Officer, whereas, the Election Commission of Pakistan as provided under Section 34 of the Sindh Local Government Act, 2013 read with sub-rule (2) of Rule 29 of Sindh Local Councils (Election) Rules, 2015 and Article 218(3) of the Constitution of Islamic Republic of Pakistan, 1973 can terminate the polling process and order For' report on the affected polling station which act in the instant matter has been done, whereas, we do not seen any mala fides or error on the part of respondents in this regard. Accordingly, instant petitions are dismissed along with listed applications. However, the respondents are directed to ensure that election of report on the aforesaid polling stations is held in peaceful atmosphere and the voters are allowed to cast their votes as per their own freewill and choice. SL/A-95/Sindh Petition dismissed.