Law: Constitution of Pakistan, 1973

Section: 4,199,219(a)

Law: Elections Act, 2017

Section: 25,49

Constitution of Pakistan, 1973-- ----Arts. 4, 199 & 219(a)--Election Act, 2017, S. 25-49--Constitutional petition--Name of petitioner was not included in voter list--Filling of application regarding inclusion of name in voter list--Application was not decided--Under Section 25 of Elections Act, 2017, National Database and Registration Authority is duty bound to transmit relevant data of every fresh CNIC issued by it to election electoral area in which his permanent and temporary address is located--Likewise, authority shall also transmit to election commission relevant data of every modified CNIC and such other details as required by Commission--After transmission of such data, election commission shall take steps for enrollment/correction in relevant electoral roll in accordance with procedure--In explanation of section, it has also been laid down that a fresh CNIC includes any card that has not been earlier made part of electoral roll data base due to any reason whatsoever--Authority is bound to transmit data of any CNIC which has been renewed if holder of which was not enrolled as a voter--This section clearly emphasis that a citizen of this country must not be disenfranchised in any circumstance--Above discussion clearly leads this Court to an irresistible conclusion that petitioner being citizen of country having valid CNIC duly mentioned in family registration certificate is entitled to vote and also contest election--Omission to enroll his vote is rectifiable since his failure to apply for enrollment as a voter, would not absolve election commission to fulfill their responsibility to collect data from Registration Authority in order to modify voter list and make it compatible to existing position--For foregoing reasons, I am of considered view that omissions of including name of petitioner as a voter was not entirely due to acts of petitioner as it is responsibility of respondent as well as National Database and Registration Authority to transmit correct data to Election Commission to enroll petitioner as a voter in constituency No. 113 Faisalabad--Petition was allowed. Constitution of Pakistan, 1973-- ----Art. 4, 219(a)--Protection of…

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