Case Details

Citation(s)
2016 SLG 1033 2016 SLD 1033 2016 PLD 170
Peshawar High Court
Writ Petition No. 1762-P of 2015, decided on 28th May, 2015. Date of hearing: 28th May, 2015.
YAHYA AFRIDI AND IRSHAD QAISER, JJ
Salaman Faayaz for Petitioner.

MUHAMMAD IRSHAD

VS

GOVERNMENT OF KHYBER PAKHTUNKHWA through Local Government and others

Law:

Section:

(a) Electoral Rolls Act (XXI of 1974)--- ----S. 17, 18, 19 & 20---Constitution of Pakistan, Art.199---Constitutional petition---Revision or correction of electoral rolls after constituency was called upon to elect---Principles---Petitioner sought alteration of voters' area mentioned in final delimitation list---Permissibility---Petitioner had not approached respondents/Election Commission before date when schedule for local bodies election was announced---Provision of S.20 of Electoral Rolls Act, 1974 had barred any revision or correction or preparation of fresh electoral rolls for any area after constituency had been called upon to elect---Barring provision contained in S.20 of Electoral Rolls Act, 1974 expressly referred to revision of rolls as provided under S.17, correction of rolls under S.18 and preparation of fresh rolls under S.19 of the Electoral Rolls Act, 1972---Term 'constituency has been called upon to elect referred to date of announcement of schedule of elections, which was crucial date---All persons were to be vigilant about their rights both under general law and Constitution---Petitioner remained indolent and did not agitate about his rights---Respondents had taken all necessary steps to inform public about time, place and manner of bringing about changes in electoral rolls in order to preserve and protect vested rights of persons to vote---Constitutional petition was dismissed in circumstance. (b) Constitution of Pakistan--- ----Art. 17(2)----Right to vote---Importance and scope---Right to vote and franchise is vested right of person and may even be equated with fundamental right of person as enshrined in the Constitution---Right of person to vote cannot be taken in isolation---With every right there is corresponding obligation of person---All persons are to be vigilant about their rights both under general law and Constitution. Humayun Iftikhar Chishti's case 1999 CLC 79 and Arjmand and Zaheer Afzal Khan's case 2001 CLC 1305 distinguished. Haider Ali Khan Jamali's case 2014 CLC 1381 rel. JUDGMENT YAHYA AFRIDI, J.- Muhammad Irshad, petitioner herein, seeks to invoke the constitutional jurisdiction of this Court praying that:- "On…
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