| Citation(s) |
|---|
| 1992 SLG 396 1992 SLD 396 1992 PLD 342 |
Supreme Court of Pakistan
Civil Appeals Nos. 260 to 268 of 1991, decision dated: 16-03-1992
NASINT HASAN SHAH, MUHAMMAD RAFIQ TARAR AND WALI MUHAMMAD KHAN, JJ
Ch. Ijaz Ahmad, Deputy Attorney-General instructed by Ch. Akhtar Ali, Advocate-on-Record for Appellant (in all the Appeals). Nemo.
Civil Appeals Nos. 260 to 268 of 1991, decision dated: 16-03-1992
NASINT HASAN SHAH, MUHAMMAD RAFIQ TARAR AND WALI MUHAMMAD KHAN, JJ
Ch. Ijaz Ahmad, Deputy Attorney-General instructed by Ch. Akhtar Ali, Advocate-on-Record for Appellant (in all the Appeals). Nemo.
ELECTION COMMISSION OF PAKISTAN
VS
ASIF IQBAL and others
Law:
Section:
(a) Electoral Rolls Act (XXI of 1974)-------(. 11---Power to transfer of name from one electoral area to another can be exercised even where the annual revision had been taken in hand. Section 11, Electoral Rolls Act, 1974 envisages the exercise of powers by two different authorities, namely, Revising Authority and the Registration Officer, at two different points of time. It postulates that if the application is for the transfer of the vote before the publication of the electoral rolls. it shall be made to the Revising Authority, but if it is after the dale of final publication, it shall be addressed to the Registration Officer. This section does not make any mention whatsoever of the proces of annual revision. On the other hand, it provides that power under this section can be exercised at any time, whether before or after the publication of the rolls. Thus, there is no warrant for assuming that when the annual revision has been taken in hand, this power is not available. (b) Electoral Rolls Act (XXI of 1974)--- ----S. 18---Filing of application of a person otherwise entitled to be enrolled in the electoral roll is not prohibited during the time of annual revision. So far as inclusion of names in the electoral rolls for the time being is concerned, section 18 vests a right in a person, otherwise entitled to be enrolled as a voter, to file an application to have his name included in the electoral rolls. There is nothing in the body of this section which prohibits the filing of an application during the time of annual revision. (c) Interpretation of statutes- ---- Heading of section of a statute cannot control the meaning of the statute nor curtail or restrict its scope and working----Heading of section although could be looked into for interpreting the section if its words appeared to be doubtful but it could not restrict the plain words of the section. (d) Electoral Rolls Act (XXI of 1974)--- ----Ss. 18 & 17---Interpretation of Ss. 17 & 18---Operation of Ss. 17 & 18 are meant to be operative at different times. Electoral Rolls Act, 1974 envisages two different operations. Under section 18, the enrolment and correction is a continuous process but…
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