2019 PLP 1481 (YLR)
MUHAMMAD ARSHAD ABBASI and 3 others — Petitioners Versus ELECTION COMMISSION OF PAKISTAN (ECP) through Secretary and 5 others — Respondents
| Citation | 2019 PLP 1481 (YLR) |
| Forum / Court | Peshawar (Abbottabad Bench) |
| Bench Members | Lal Jan Khattak and Syed Muhammad Attique Shah, JJ |
| Parties | MUHAMMAD ARSHAD ABBASI and 3 others — Petitioners Versus ELECTION COMMISSION OF PAKISTAN (ECP) through Secretary and 5 others — Respondents |
| Primary Law | Khyber Pakhtunkhwa Local Councils (Conduct of Elections) Rules, 2013 |
Q1: What are the key laws and sections cited in 2019 PLP 1481 (YLR)?
This judgment primarily cites: Khyber Pakhtunkhwa Local Councils (Conduct of Elections) Rules, 2013 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2019 PLP 1481 (YLR)?
The case was heard and decided by the Peshawar (Abbottabad Bench) bench comprising: Lal Jan Khattak and Syed Muhammad Attique Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2019 PLP 1481 (YLR) (MUHAMMAD ARSHAD ABBASI and 3 others — Petitioners Versus ELECTION COMMISSION OF PAKISTAN (ECP) through Secretary and 5 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sardar Muhammad Haseeb Abbasi for Petitioners.
Headnotes / Summary
R. 13(4)
Change of bye-elections schedule
Scope
Petitioner sought postponement of bye-elections of their Union Council to some other date after winter season, so as to facilitate the voters of the area to cast their votes
Election Commission had announced the schedule for conducting local government bye-election in the whole of the Province
Process of filing of nomination papers and scrutiny thereof had already commenced
Elections could not be postponed in petitioners' Union Council on the ground of weather alone
Constitutional petition, being devoid of merits, was dismissed in limine. Yasir Zahoor Abbassi, A.A.G. for Provincial Election Commission.
Judgment & Decree
SYED MUHAMMAD ATTIQUE SHAH, J.
Through the instant writ petition, the petitioner has approached this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, with the following prayer:- "It is therefore, humbly prayed that by allowing this petition to the extent of by-election to the seat of Member 'Zilla Council, Union Council Bakot District Abbottahad and on the seat of General Councilor Village Council, Bakot-III, Abbottabad be held at the time when weather permits the participation of maximum voters in process and Honourable Court may graciously be pleased to declare impugn Notification No. 32 (2/2018LGE / KPK(1) dated 13/11/2018 to the extent of Union Council Bakot and village Council Bakot-III is void ab-initio and of no legal effect while directing Election Commission of Pakistan to issue new Notification after the normalcy of weather condition in the interest of justice. Any other relief which this Honourable Court deems fit and proper in the circumstances of the case."
2. In essence, the grievance of the petitioner is that elections to the seats of Member Zilla Council, Union Council Bakot, Abbottabad and General Councilor, Village Council Bakot-III scheduled to be held on 23.12.2018 may be postponed to some other date after winter season, so as to facilitate the voters of the area to cast their votes.
3. Arguments of learned counsel for the petitioner heard and record perused.
4. Perusal of record reveals that respondents have announced schedule for conducting Local Government 8th Bye-election to the vacant seats of Local Councils in Khyber Pakhtunkhwa vide Notification dated 13.11.2018, including the Union Council Bakot, District Abbottabad. As per schedule, the process of filing of nomination papers and scrutiny thereof has already been commenced with effect from 16.11.2018. The elections of local councils against the vacant seats, which are to be held in the whole province on the same date, could not be postponed in Union Council Bakot on the ground of weather alone. No other valid legal point could be urged at the bar by the learned counsel for the petitioner to persuade this Court justifying postponement of elections in question. Thus, this Court considers that elections could not be postponed and terminated at this stage, when process has already been commenced. Hence, this writ petition being devoid of merits is dismissed in limine. SA/37/P Petition dismissed.