Polling stations

Contention of authorities was that there was perilous law and order situation that could lead to sabotaging the election process or could influence voters or put their lives in danger, therefore, polling stations in question were shifted and relocated accordingly

Validity

Such shifting and relocation of polling stations is prerogative of Returning Officers and District Returning Officers under the supervision of Election Commission of Pakistan, which is duty bound to hold fair and free election as guaranteed under Art. 218(3) of the Constitution as well as Elections Act, 2017 and Rules framed thereunder

Petitioners/candidates failed to resort to the remedy stipulated under S. 8(b) and (c) of Elections Act, 2017, before Election Commission of Pakistan

High Court in exercise of constitutional jurisdiction declined to interfere in the matter as factual controversies were involved regarding distance in between polling stations, and it required thorough probe and evidence

Constitutional petition was dismissed, in circumstances.

Petitioner failed to point out any illegality or mala fide on the part of authorities while changing location of polling stations, which exercise was undertaken in accordance with law and keeping in view convenience of voters at large, after physical examination of polling stations and further to avoid any law and order situation, which was apprehended by voters of the area in written application

Petitioner approached High Court, when there was no time left to examine disputed facts or to make scrutiny of allegations, which did not find support from record as general elections were scheduled after one day of hearing of petition

Any interference by High Court at such belated stage would amount to frustrate election process and to de-franchise voters of the constituency, whose polling stations had already been shifted to new locations as per final list of polling stations published in official gazette

Petition was dismissed in circumstances.