Law:

Section:

Electoral Rolls Act (XXI of 1974)--S. 7---Constitution of Pakistan (1973), Arts. 51, 184 (3), 199, 187 (1), 189 & 190---Exercise of right of franchise by persons holding Pakistan Passports and National Identity Cards while living abroad for earning their livelihood---Apart from persons who were not enrolled as voters, even recorded voters living abroad, were not in a position, at present, to exercise right of vote, there being an impediment to the exercise of right of franchise even of those who were so enrolled---Constitutional implications of such denial would need proper examination in depth--=Such grievance being continuing one and not confined to any particular election, in any case, not to the one currently taking place, leave to appeal was granted to examine the question raised. ORDER SHAFIUR RAHMAN, J.----The two petitioners have by recourse to Article 184 (3) read with Articles 199 and 187 (1), 189 and 190 of the Constitution of the Islamic Republic of Pakistan sought enrolment as voter, so as to enable them to participate in the process of election for choosing the members of the National Assembly and the Provincial Assemblies. 2. Their case in a nutshell is that they are permanent residents of Pakistan and happen to be abroad earning their livelihood. They hold Pakistani Passports. They possess National Identity Cards. Their ordinary place of residence is outside the territories of Pakistan. They are being refused registration as voters under section 7 of the Electoral Rolls Act, 1974 and for that reason are unable to exercise their right of vote. Their contention is that the Constitution by Article 51 grants them the right to have…

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