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PLJ 2006 Peshawar 18

ATTA-UR-REHMAN and another vs GOVERNMENT OF N.W.F.P. through

CitationPLJ 2006 Peshawar 18
CourtPeshawar High Court
Judge(s)Muhammad Qaim Jan Khan, Salim Khan
ResultOrder accordingly

Salim Khan, J.--The name of Zamin Khan son of Wazir is available in the voters list of 2002 at Serial No, 157 for the area of Khat Kaal of Tehsil Dir in District Upper Dir. The address of Zamin Khan son of Wazir has been mentioned as `Khad Gal' in the nomination papers. Petitioner No, 2 submitted an affidavit to the effect that `Khat Kaal' was in fact `Khad Gal', and it was only the difference of writing in Urdu and English, which changed `Khad Gal' to ahat Kaal.

2. We heard the arguments of Mr. Naveed Akhtar, Advocate, for the petitioners, and Mr. Muhammad Saeed Khan, Addl. A.G. for the official respondents, on notice by the Court. We also perused the available record.

3. As we have already held in so many other cases that the voters list of 2002 is an official document, and presumption of truth is attached to it. Both the lists of 2000-2001 and 2002 were prepared by the same office, through under different laws. The said office could have corrected the voters list of 2000-2001 in the light of the list prepared for the year 2002. When it is proved that a person was resident of an area for the purposes of elections to the National and Provincial Assemblies, he was proved to be resident for the Local Govt. Bodies elections also for the same area, which are to be held in August, 2005.

4. We, therefore, admit the present writ petition for full hearing and allow it to the effect that the petitioners be declared as validly nominated candidates for the seats of Nazim and Naib Nazim of Union Council, Barikot of Tehsil Kalkot in District Upper Dir, that they be enlisted in the list of contesting candidates for the said seats, that symbols be allotted to them, that they be allowed to contest election against the mentioned seats, and that the result shall have to be announced in accordance with the election law/rules.

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