Law: Elections Act, 2017

Section: 4(3),77

Law: Constitution of Pakistan, 1973

Section: 4199

Elections Act (XXXIII of 2017)--- ----Ss. 4(3), 77---Constitution of Pakistan, Art. 199---Constitutional petition---Polling agent, appointment of---Directions---Dispute was with regard to appointing polling agent from outside the constituency where election was to be held---Validity---Direction under S. 4(3) of Elections Act, 2017, could not be taken as an exception---Election Commission had comprehensive powers under the Constitution and the dominant duty of conducting free, fair and transparent election---Election Commission was to act under the law---Instructions under S. 4(3) of Elections Act, 2017, should be issued if circumstances were required at the time of election schedule, or well before the date of election, so that, none of the parties was taken by surprise while making its preparations for the polling day---High Court directed that in case polling agent was from outside the constituency and not a voter, his complete identification and particulars should be provided to presiding officer along with nomination if so required by him---Constitutional petition was allowed accordingly. JUDGMENT SHAHID JAMIL KHAN, J.---This petition challenges Election Commission of Pakistan (Election Commission)s order dated 15.07.2022, dismissing petitioners application against a verbal instruction from Election Commission to Polling Officers that a Polling Agent to be appointed by a candidate under section 77 of Elections Act, 2017 (Act of 2017) has to be a voter of the constituency. 2. During pendency of the application, Writ Petition No.44244 of 2022 was filed by the petitioner, which was disposed of with following direction and decision. Operative part of order dated 15.07.2022 is reproduced hereunder: 3. Since, the matter is before the Election Commission, which is competent to decide on the issue, therefore, this Court observes judicial restraint. However, it is observed that verbal instructions, on an issue not expressly dealt with in relevant law, can neither be given by Election Commission nor can be enforced by the Returning Officer or any other agency deputed at polling station. 4. The Election Commission is directed to decide the application, expeditiously,…

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