Case Details

Citation(s)
1981 SLG 3104 = 1981 SLD 3104 = 1981 SCMR 147
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 1336 of 1980, decided on 2nd November, 1980. (On appeal against the judgment passed by the learned Division Bench of the Lahore High Court, Lahore dated 24th September, 1980, in Writ Petition No. 9989 of 1980).
Presented By: Muhammad Afzal Zullah and Mushtaq Hussain, JJ
Shamim Abbas Bokhari, Advocate Supreme Court and Syed Ali Imam Naqvi, Advocate-on-Record for Petitioner.

SHER BAHADUR-Petitioner

VERSUS

DEPUTY COMMISSIONER/ELECTION TRIBUNAL ETC.- Respondents

Law: Punjab Local Government Ordinance, 1979

Section: 19

Punjab Local Government Ordinance (VI of 1979) S. 19-Right of vote-Contention that all candidates having themselves applied to Presiding Officer for excluding votes of women they could not go against it and file a petition before Election Tribunal on such ground-Held: Depriving a voter of his vote-Both against law and public policy-Agreement against public policy and law - Void ab initio Candidate possesses no right to deprive a voter of his right to vote nor Presiding Officer empowered to accept agreement between candidates and to disenfranchise women voters.- [Agreement]. Date of hearing: 2nd November, 1980.                                                                                                                    ORDER MUSHTAQ HUSSAIN, J.-The elections in Electoral Unit No. 25, Union Council, Peelo Wance, Tehsil Khushab, District Sargodha, were held on 25-9-79. The petitioners and respondents Nos. 12 to 14 were declared elected. Sometimes after the polling started all the contesting candidates applied to the Presiding Officer stating that they do not want the ladies of the locality to cast their votes for them and so they should not be allowed to vote and votes of those women who had already cast them should not be counted. The Presiding Officer agreed and the votes of ladies cast in the election were treated as spoiled ballot papers and not taken into account for deciding the result of the election. 2. Respondents Nos. 2 to 11 filed an election petition for…
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