1998 PLP 588 (CLC)
ZIA SHAHID, CHEIF EDITOR, DAILY KHABRAIN‑‑‑Petitioner Versus KHALID ANWAR and others‑‑‑Respondents
| Citation | 1998 PLP 588 (CLC) |
| Forum / Court | Lahore |
| Bench Members | Malik Muhammad Qayyum, Amir Alam Khan and Saeed‑ur‑Rehman Farrukh, JJ |
| Parties | ZIA SHAHID, CHEIF EDITOR, DAILY KHABRAIN‑‑‑Petitioner Versus KHALID ANWAR and others‑‑‑Respondents |
| Primary Law | Electoral Rolls Act (XXI of 1974)‑‑‑ |
Q1: What are the key laws and sections cited in 1998 PLP 588 (CLC)?
This judgment primarily cites: Electoral Rolls Act (XXI of 1974)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1998 PLP 588 (CLC)?
The case was heard and decided by the Lahore bench comprising: Malik Muhammad Qayyum, Amir Alam Khan and Saeed‑ur‑Rehman Farrukh, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1998 PLP 588 (CLC) (ZIA SHAHID, CHEIF EDITOR, DAILY KHABRAIN‑‑‑Petitioner Versus KHALID ANWAR and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Dr. A. Basit and Azam Suharwardi for Petitioner.
- Khawaja Saeed‑uz‑Zafar, Dy. Attorney‑General for Pakistan assisted by Muzammil Akhtar Shabir with Sharif Malik, Assistant Election Commissioner, Registration Office, Lahore for Respondents.
Headnotes / Summary
‑‑‑‑S.7‑‑‑Constitution of Pakistan (1973), Art 199‑‑‑Constitutional petition‑‑ Returned candidate'q election as Senator from Punjab challenged on the ground that he being resident of Karachi could not have been enrolled as voter in Lahore nor could he contest election to a seat in Senate from Province of Punjab‑‑ Record showed that returned candidate had on 18‑11‑1996 applied for deletion of his name as voter from specified electoral unit Karachi which was allowed on 24‑11‑1996 and his name was deleted from the rolls‑‑‑Subsequently, on 27‑11‑1996 returned candidate was enrolled as voter at Lahore to which no exception could be taken‑‑‑Petitioner had admitted that returned candidate owns immovable property at Lahore, therefore, in view of deeming clause in 5.7, Electoral Rolls Act, 1974, he being resident of Lahore could legitimately be enrolled as voter there‑‑‑Returned candidate's name being in electoral rolls of specified unit of Lahore he was entitled to contest election to Senate from Province of Punjab.
Judgment & Decree
MALIK MUHAMMAD QAYYUM, J.‑‑‑In this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, Mr. Zia Shahid, Editor of Daily Khabrain, Lahore has prayed that this Court be pleased to call upon Senator Khalid Anwar, respondent No.l herein, to show under what authority of law was he holding the office of Senator from the Province of Punjab.
2. On the last date of hearing, learned counsel for the petitioner has contended that as Mr. Khalid Anwar was resident of Karachi where he was practising the profession of law and was also enrolled as voter, he could not have been enrolled as voter at Lahore nor could he contest the election to a seat in the Senate from the Province of Punjab.
3. It was, however, pointed out to the learned counsel for the petitioner that in para.6 of this petition it has been admitted that respondent No.1 owns immovable property at Lahore and as such is deemed to be residing here in view of section 7 of the Electoral Rolls Act, 1974.
4. Faced with this situation, learned counsel argued that even if Mr. Khalid Anwar could have been enrolled as voter at Lahore, it could only be done after the deletion of his name from the electoral rolls at Karachi as no person can be enrolled as a voter at two places. In view of 'this assertion, we had directed learned Deputy Attorney‑General to produce the relevant record.
5. A perusal of the record produced before us today by Assistant Election Commissioner shows that Mr. Khalid Anwar had on 18‑11‑1996 applied for deletion of his name as voter from Electoral Unit No.61/6 Karachi which was allowed on 24‑11‑1996 and the name of Mr. Khalid Anwar was deleted from the rolls. It was subsequently on 27‑11‑1996 Mr. Khalid Anwar was enrolled as voter at Lahore to which no exception can be taken.
6. As already absolved, the petitioner does not deny that Mr. Khalid Anwar owns immovable property at Lahore and, therefore, in view of the deeming clause in section 7 of the Electoral Rolls Act, 1974, he being a resident of Lahore could legitimately, be enrolled as voter here. His name being in electoral rolls of Unit No. 12/9, Lahore Mr. Khalid Anwar was entitled to contest the election to the senate from the Province of Punjab.
7. It was then argued by the learned counsel for the petitioner that Mr. Khalid Anwar had cast his vote at Banglore Town School Secondary School Polling Station at Karachi in the General Elections held on 3‑2‑1997.
8. This contention of the learned counsel cannot be accepted as nothing has been placed on record to substantiate it. On the other hand, the record produced before us shows that the name of Khalid Anwar as also his wife was deleted from electoral rolls of Karachi on 24‑11‑1996 and as such question of casting of vote by them at Karachi did not arise. There is no merits in this petition which is accordingly dismissed in limine A.A./Z‑37/L Petition dismissed