| Citation(s) |
|---|
| 2022 SLG 2171 2022 SLD 2171 2022 MLD 1633 |
Peshawar High Court
Writ Petition No. 367-A of 2022, decided on 22nd March, 2022.
WIQAR AHMAD AND KAMRAN HAYAT MIANKHEL, JJ
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Writ Petition No. 367-A of 2022, decided on 22nd March, 2022.
WIQAR AHMAD AND KAMRAN HAYAT MIANKHEL, JJ
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SAIF UL MALOOK and 13 others
VS
ELECTION COMMISSION OF PAKISTAN through Chief Election Commissioner, Islamabad and 6 others
Law: Elections Act, 2017
Section: 39
Elections Act (XXXIII of 2017)--- ----S.39---Election dispute---Electoral list---Correction---Notice non-issuance of---Grievance of petitioners was that their name was removed from voter list of one area to voter list of other---Petitioners contended that they were not informed or served with notice regarding change of their electoral area---Validity---Election Commission displayed provisional electoral list and also final electoral roll list in a very elaborate manner and also gave ample time for correction of electoral rolls---Petitioners slept over their right and after announcement of election schedule, they started exercise to get transfer their names from an electoral roll of one area to another electoral roll area---One should be vigilant about ones rights under general law---Right to vote and franchise was vested right and such right could not be taken in isolation because every right was a corresponding obligation---Petitioners before invoking such right were required to have fulfilled their obligation of applying to revising authority or registration officer at relevant time under the provisions of Elections Act, 2017---High Court declined to interfere in the matter---Constitutional petition was dismissed, in circumstances. Amanat Ali Khan Jadoon v. Election Commission of Pakistan and others (Writ Petition No.300-A of 2022) and Yousaf Ali v. Election Commission of Pakistan through Chief Election Commission and 4 others 2016 MLD 1881 rel. Sajjad Ahmad Abbasi for Petitioners. Mohsin Kamran for Respondents Nos.1 to 4. Date of hearing: 22nd March, 2022. JUDGMENT KAMRAN HAYAT MIANKHEL, J.----Through the instant petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, petitioner has sought the following relief:- "It is, therefore, humbly prayed that on acceptance of this writ petition respondents in particular, respondents Nos.2 to 4 may kindly be directed to include the names of petitioners in the voter list Electoral roll area Kuza Banda, village council No.21 Kuza Banda, Census Block Code 02220702 Tehsil and District Battagram from where the votes of petitioners had wrongly and without notice been transferred to other village…
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