Case Details

Citation(s)
1988 SLG 2148 1988 SLD 2148 1988 SCMR 402
Supreme Court of Pakistan
Civil Petition No. 832 of 1987, decided on 29th November, 1987. (From the order Dated 25-11-1987 of the Lahore High Court in Writ Petition No. 791 of 1987 (BWP). Date of hearing: 29th November, 1987. Civil Petition No. 338 of 1987, decided on 14th Dec
ASLAM RIAZ HUSSAIN AND SAAD SAOOD JAN, JJ

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SHAHID NAWAZ KHAN

VS

ASSISTANT COMMISSIONER /REGISTRATION OFFICER and others—--Respondents

Law: Punjab Local Government Ordinance, 1979

Section: 18

Law: Constitution of Pakistan, 1973

Section: 185(3),199

Punjab Local Government Ordinance (VI of 1979)--   ---S.18, second proviso--Constitution of Pakistan (1973), Arts.185(3) 199----Local Councils elections--Change in electoral roll--Petitioner seeking amendment in electoral rolls by transfer of his name from one Mouza to another--Schedule for holding local councils elections announced by Election Authority during pendency of his application-­Registration Officer rejected petitioners application and High Court in its writ jurisdiction, refused to interfere with that--Leave to appeal sought--Held, since transfer of petitioners name -.from one village to another, even if it had been allowed by Registration officer on relevant date, would not have been of any assistance to him in contesting election from relevant ward, it was not a fit case for -rant of leave to appeal. ORDER SAAD SAOOD JAN, J.--The petitioner is a candidate in the election from Ward No.6 for election to the District Council, Bahawalpur. His nomination paper has been accepted and he has also been allotted a symbol. There is however a difficulty in his way. He has been enrolled as a voter in Mauza Kotla Qaim Khan which falls in a different ward. On 3-11-87, he made an application before the Registration Officer for exclusion of his name from the Electoral Roll of the said Mauza and inclusion in Mauza Dedah where, according to him, he owned considerable property and a large number of his family members were residing. It may be mentioned that Mauza Dedah alls in Ward No.6. Before his application could be processed, the Punjab Local Councils Election Authority, by a notification dated 4-11-87, announced the schedule for holding elections to Local Councils in the Province. By an order dated 8-11-87, the Registration Officer rejected the application on the ground…
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