2005 PLP 1770 (MLD)
ATTAUR REHMAN and another — Petitioners Versus GOVERNMENT OF N.-W.F.P. through Secretary, Local Government, Elections and Rural Development Department Peshawar and 10 others — Respondents
| Citation | 2005 PLP 1770 (MLD) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | ATTAUR REHMAN and another — Petitioners Versus GOVERNMENT OF N.-W.F.P. through Secretary, Local Government, Elections and Rural Development Department Peshawar and 10 others — Respondents |
| Primary Law | North-West Frontier Province Elections Rules, 2000 |
Q1: What are the key laws and sections cited in 2005 PLP 1770 (MLD)?
This judgment primarily cites: North-West Frontier Province Elections Rules, 2000 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 1770 (MLD)?
The case was heard and decided by the Peshawar bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 1770 (MLD) (ATTAUR REHMAN and another — Petitioners Versus GOVERNMENT OF N.-W.F.P. through Secretary, Local Government, Elections and Rural Development Department Peshawar and 10 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Naveed Akhtar for Petitioner.
- Muhammad Saeed Khan Addl. A.-G. for Respondent.
- 2. We heard the arguments of Mr. Naveed Akhtar, Advocate, for the petitioners, and Mr. Muhammad Saeed Khan, Addl. A.-G. for official respondents, on notice by the Court. We also perused the availably record.
Headnotes / Summary
Rr. 4, 16 & 18
Constitution of Pakistan (1973), Art. 199
Constitutional petition
Nomination papers
List of voters
Correction of voters list
Name of petitioner was available in voters list of the year 2002 for the area of "Khat Kaal"
Address of petitioner had been mentioned as "Khad Gal" in nomination papers
Petitioner submitted an affidavit to the effect that `Khat Kaal' was in fact `Khad Gal' and it was only the difference of writing in Urdu and English, which changed `Khad Gal' to `Khat Kaal'
Effect
Voters list of year 2002 was an official document and presumption of truth was attached to it
Both the lists of years 2000-2001 and year 2002 were prepared by same office, though under different laws
Said office could have corrected the voters list of years 2000-2001 in the light of the list prepared for the year 2002
When it was proved that a person was resident of all area for the purposes of elections to the National and Provincial Assemblies, he was proved to be resident for local government elections also for the same area, which were to be held in year 2005
Constitutional petition was admitted for full hearing and allowed, holding that petitioners be declared as validly nominated candidates for the seats of Nazim and Naib Nazim of Union Council; that they be enlisted in the list of contesting candidates for said scats; that symbols be allotted to them; that they be allowed to contest election against mentioned seats; and that result should be announced in accordance with election law/rules.
Judgment & Decree
SALIM KHAN, J.
The name of Zamin Khan son of Wazir is available in the voters list of 2002 at Serial No. 157 for the area of Khat Kaal of Tehsil Dir in District Upper Dir. The address of Zamin Khan son of Wazir has been mentioned as 'Khad Gal' in the nomination papers Petitioner No.2 submitted an affidavit to the effect that 'Khat Kaal' was in fact 'Khad Gal'. And it was only the difference of writing in Urdu and English, which changed 'Khad Gal' to 'Khat Kaal'.
2. We heard the arguments of Mr. Naveed Akhtar, Advocate, for the petitioners, and Mr. Muhammad Saeed Khan, Addl. A.-G. for official respondents, on notice by the Court. We also perused the availably record.
3. As we have already held in so many other cases that the voters list of 2002 is an official document, and presumption of truth is attached to it. Both the lists of 2000-2001 and 2002 were prepared by the same office, though under different laws. The said office could have corrected the voters list of 2000-2001 in the light of the list prepared for the year 2002. When it is proved that a person was resident of an area for the purposes of elections to the National and Provincial Assemblies, he was proved to be resident for the Local Government Bodies elections also for the same area, which are to be held in August, 2005.
4. We, therefore, admit the present writ petition for full hearing and allow it to the effect that the petitioners be declared as validly nominated candidates for the seats of Nazim and Naib Nazim of Union Council, Barikot of Tehsil Kalkot in District Upper DV, that they be enlisted in the list of contesting candidates for the said seats, that symbols be allotted to them, that they be allowed to contest election against the mentioned seats, and that the result shall have to be announced in accordance with the election law/rules. H.B.T./488/P Order accordingly.