Law:

Section:

Electoral College Act (Its of 1964), Ss. 10 & 58 read with Electoral College Rules, 1964, r. 14(4)-Electoral roll, entry in ­Binding on Election Tribunal except as regards statutory disquali­fications-Election Tribunal has no jurisdiction to enquire whether candidate has the necessary qualifications-Person entered in electoral roll and not under any statutory disqualification becomes ipso facto qualified to stand as candidate for election­(Case relating to objection on ground that successful candidate was not entitled to be enrolled as a voter in particular unit). JUDGMENT FAZLE AKBAR, J.-This appeal raises a question as to the scope of an inquiry in an election petition wherein an election is called in question under section 58 of the Electoral College Act, on the ground that the successful candidate was not entitled to be enrolled as a voter in the Unit from which he was elected. This question arises under the following circumstances. The name of respondent, Khurshed Alam Miaji, appeared in the draft electoral roll of Unit No. 6 of Union No. 2, Hinguli. His claim to be enrolled as a voter in Unit No. 5 was rejected by the Registration Officer, but on appeal to the Revising Authority, he succeeded in obtaining an order in his favour and was registered as a voter in Unit No. 5 of the said Union. The final electoral roll was then prepared in accordance with the order of the Revising Authority and his name was included in the electoral roll of Unit No. 5. He and Syed Aminuddin Chowdhury contested the last election from the said Unit No. 5 and be having secured the highest number of votes, was declared duly elected to the Electoral College of Pakistan. The defeated candidate, Aminuddin Chowdhury, filed an election petition challenging the validity of his election on the ground, inter alia, that the successful candidate was not entitled to be enrolled as a voter in Unit No. 5. The election petition was heard by the Additional Deputy Commissioner, Chittagong, acting as the Election Tribunal and he held that the successful candidate, Khurshed Alam, was not a resident within the meaning of section 10 of the Electoral College Act in Unit No. 5 and as such he could…

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