Law:

Section:

(a) Electoral College Act (IV of 1964), S. 58 - Question whether an Election Tribunal competent to enquire as to age of person whose name was brought on Electoral Roll after inquiry on the point-Special Leave to Appeal granted by Supreme Court to consider question. (b) Electoral College Act (IV of 1964), Ss. 23, 53 & 58 read with Constitution of Pakistan (1962), Arts. 157 & 158-Entries as to age in Electoral Roll-How far and to what extent final-Right under Art. 157 to be enrolled in Electoral Roll and to vote at elec­tion and right to contest election under Art. 158-Right of person to vote cannot be challenged (on ground of age) after publication of final Electoral Roll-Right to contest election-Can, however, be challenged on ground that candidate was not qualified on ground of age to stand for candidature. The question before the Supreme Court was whether the Tribunal, hearing an election petition was competent to enquire as to the age of the person and to set aside his election on ground that he did not possess the requisite qualification in regard to age for election to the Electoral College. It was urged before the Court that as the age of the returned candidate was shown in the final Electoral Roll to be 27 years, the Tribunal could not go behind the entry which was final Held, the right to be enrolled as a voter is different from the right to be a candidate though the latter includes the former. The roll is prepared with a view to determining who are entitled to vote at an election and this is done after going through an elaborate procedure. to this view the right of a person whose name appears on the roll to vote cannot be questioned. This does not, however, mean that his right to be a candidate cannot be challenged on the ground that he does not possess the other qualification in this regard. The entry in respect of the actual age cannot be placed on the same footing as the other entries. The various provisions of the Electoral College Act, 1964 and the Rules framed there under point to the conclusion that an elaborate machinery for the preparation and finalization of the electoral roll has been provided for in the Act and the Rules. In Form…

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