1999 PLP 3244 (MLD)

(c) Punjab Local Councils (Election) Rules, 1979

R. 11 (iv)

Electoral list

Displaying of

Procedure

Electoral list should be displayed at the office of Returning Officer three days before submission of nomination papers. Rana Muhammad Sarwar for Petitioners. Dr. M. Mohy ud-Din Qazi for Petitioners (in W.P. No. 9341 of 1998). This order will dispose of W.P Nos. 9258 of 1998, 9259 of 1998 and 9341 of 1998 as common questions of fact and law are involved therein.

2. The petitioners in W.P. No 9258 of 1998 are 158 in number while in W.P. No. 9259 of 1998 they are 46 in number. The petitions have been filed in representative capacity and for that matter an application under Order 1, Rule 8, C. P. C. has already been filed that they should be allowed to sue in the representative capacity while Writ Petition No. 9341 of 1998 has been filed by the candidate from the same Halqa thereby opposing the writ petition noted above. In view of the fact that the petitions were opposed at limine stage as also the averments contained in two writ petitions filed by the petitioners in representative capacity, I am persuaded to grant the permission as prayed for. Let the petitioners in W.P. Nos. 9258 of 1998 and 9259 of 1998 pursue their remedy in the representative capacity.

3. It is submitted by the petitioners in W.P. No. 9258 of 1998 and 9259 of 1998 that they were enrolled as voters in the electoral list bearing Nb.5/5 of Quaid Abad Town Committee, District Khushab well before the announcement of schedule for local bodies elections. The voter list bearing No. 5/5 has been adjusted into Ward No. 3 and the final list of the voters of the concerned ward was published on 25-3-1998 whereas the election schedule was lastly announced on 31-3-1998. It is submitted that the petitioner obtained certified copies of final lists on 7-4-1998 but surprisingly it was found that the votes of the petitioners were not incorporated in the final lists. It was thereafter that the petitioners applied for obtaining the certified copies of the voters lists when they were informed by respondent No. 2 that the votes of the petitioners have been cancelled on an inquiry made by Member of the "Khidmat Committee" Tehsil Khushab on 25-4-1998 and handed over the copy of the order of even date. The abovesaid order which in fact hold in abeyance the enrolment of the voters has been challenged in the present Constitutional petitions.

4. The petitioners in W.P. No. 9341 of 1998 who are candidates from Wards Nos. 6 and 7 respectively of the urban area Town Committee Quaidabad District Khushab maintain that the lists duly notified on 25-3-1998 are the only eligible voters to exercise their right of franchise in the ensuing elections proposed to be held on 20-5-1998. It is submitted that after the pronouncement of schedule for election no new- voter can be enlisted or added in Ward Nos. 6 and 7 so as to enable him to exercise his right of vote in the election, therefore, only the enlisted voters upto 1506 of Muslim male voters and upto 1049 of Muslim female voters are eligible to exercise their right of vote in the local councils elections proposed in the ensuing local councils elections. It is submitted that respondent No. 2 illegally and without lawful authority on the behest of some interested persons enrolled the voters and votes from 1507 to 1602 of Muslim male voters and from. 1050 to 1111 of Muslim female voters in the electoral rolls of Wards Nos. 6 and 7 after the Pronouncement of schedule and after final arrangement/adjustment of electoral rolls of Wards No. 6 & 7, Town Committee. Quaidabad District Khushab. It is further submitted that residents of Town Committee Quaidabad submitted a written complaint against respondent No. 2 alleging therein for cancellation of bogus enrolments of votes in the Town Committee Quaidabad Khushab whereupon an inquiry was conducted with the assistance of "Khidmat Committee" anti members thereof at the spot and since it was established that the said enrolled voters are neither the residents of Wards Nos. 6 and 7 nor they are eligible voters of the said wards, therefore, enrolment of said bogus voters was held in abeyance. It is lastly submitted that the said findings of the Inquiry Committee is not being implemented, therefore, it is prayed that if respondents Nos. 1 to 3 are not restrained from including above stated bogus votes in the electoral rolls of Wards Nos. 6 and 7, it would materially effect the result of elections which would be violative of mandated of law as envisaged under sections 17 and 18 of the Punjab Local Government Ordinance, 1979.

5. The Writ Petition No. 9341 of 1998 appears to have been filed under some misapprehension as to cut off date of announcement of schedule of elections. The schedule was firstly announced on 21-3-1998 where after it was modified by another schedule dated 27-3-1998 and then finally schedule was announced on 31-3-1998 which in its terms rescinded the earlier two notifications issued in that regard meaning thereby that the notification issued on 21-3-1998 and 27-3-1998 became non-existent, therefore, the interregnum that ensued from 21-3-1998 to 31-3-1998 shall also be deemed to be available for addition or deletion and for adjustment or revision of the electoral rolls. Admittedly the names of the petitioners in Writ Petition Nos. 9258 of 1998 and 9259 of 1998 have been enrolled and registered as voters in the electoral list on 25-3-1998 which is before the constituency was called. upon to elect its members. The names of the said voters have not been carried in the lists in spite of their enrolment on 25-3-1998 rather on 25-4-1998 the said enrolments have been held in - abeyance as per the inquiry report of Member of "Khidmat Committee" Tehsil Khushab. Learned counsel for the petitioners in W.P. No. 9341 of 1998 has referred me to sub-clause IV of Rule-11 of the Punjab Local Councils (Election) Rules, 1979 to contend that a printed copy of the electoral rolls or where the electoral rolls have been adjusted and arranged under sub-rule 1, a copy of the rolls so adjusted and arranged shall be displayed at the office of Returning Officer for public inspection at least three days before the date fixed for the receipt of nomination papers. The Returning Officer any allow any person to take an extract or make out a copy of the electoral rolls. The precise submission was that time of three days before the filing of nomination papers was available to the petitioners to raise any objection. He has further referred to second proviso attached to section 18 of the Punjab Local Government Ordinance, 1979 whereby it is provided that the correction, if any, made, in respect of any electoral roll at any time after the voters of the electoral unit called upon to elect its members shall not be taken into consideration till such member has been elected. He concluded that the correction or addition if at all made now cannot be taken into. consideration for the present elections, therefore, the writ petition is futile exercise and should be dismissed.

6. As would be seen from the admitted facts that the votes of the petitioners were registered and enrolled on 25-3-1998 before the cut off date i.e. 31-3-1998 when the constituency was called upon to elect its representatives. The petitioners now having been registered and enrolled as voters on 25-3-1998, they were naturally expecting that their names would appear in the lists to be published officially, This having not happened, they approached the Election Authority when they were informed that as per the inquiry report of "Khidmat Committee" the registration of their votes have been held in abeyance. This could not be done for the reason that constituency has already been called upon to elect its representative. The alleged Report of "Khidmat Committee" is neither here nor there. There is no legal sanction behind the "Khidmat Committee" nor they can interfere in the election muchless make an inquiry about the enrolment of votes. "The unnecessary interference allowed by the Election Authority to the Members of Khidmat Committee" is deprecated. The, enrolment and registration of petitioners having been made on 25-3-1998 i.e. before the constituency was called upon to elect its members, it would not possible for anybody to delete the said voters from the lists. The reliance of learned counsel for the petitioners on sub-clause (iv) of Rule 11 of the Punjab Local Council (Election) Rules, 1979 read with second proviso attached to section 18 is absolutely misplaced in the facts and circumstances of the cases proviso attached to section 18 deals with situation where change is to be made in the electoral rolls after the constituency has been called upon to elect its C members, it is, therefore, provided that such change could be made but the enrolment of such a voter would not be taken into consideration until the member of the constituency has been elected. While sub clause (IV) of Rule 11 of Punjab Local Councils (Election) Rules, 1979 directs that list should be displayed at the office of the Returning Officer three days before the submission of nomination papers, It is, thus, clear that the order dated 25-4-1998 whereby the enrolment of the petitioner are and registration of their D votes in the electoral rolls was held in abeyance is declared to be without lawful authority and of no legal effect, resultantly the names of the petitioners in W. Ps. Nos. 9258 of 1998 and 9259 of 1998 shall be reflected and adjusted in the final list issued for the said units, Writ Petition Nos. 9258 of 1998 and 9259 of 1998 are allowed in the above terms while Writ Petition No. 9341 of 1998 is dismissed. There shall, however, be no order as to costs. Q.M.H./M.A.K./A-270/L Order accordingly.