1. ' The petitioners are lower-grade employees performing their duties in the subordinate judiciary in the District of Larkana. They performed complementary duties with the Returning Officers during the last Local Government Elections in the years 2005. The Returning Officers and Assistant Returning Officers as well as District Returning Officers were appointed by the Election Commission of Pakistan. After the election process was over, the Election Commission of Pakistan sanctioned honoraria in recognition of the services rendered by the District Returning Officer, Returning Officer and the complementary staff during the conduct of Local Government Elections, 2005, which decision was communicated to the Provincial Election Commissioners vide letter dated 12-9-2005.
2. It was further informed that the Election Commission is considering a proposal to grant honoraria to the extent of one-month basic pay to the Officers/Officials of judiciary. In order to assess the precise expenditure involved it was desired that the estimates of funds for the grant of honoraria to the Judicial Officers and their complementary staff who actually performed election duties may be prepared so as to examine the proposal in detail. The persons, who are specified for payment of honoraia were District Returning Officers, Returning Officers, Assistant Returning Officers, Readers of the above officers and Naib Qasids of the above officers. Ultimately, the honoraria was paid to the above officers/officials, while the petitioners, who were also working in the subordinate judiciary and had performed election duties, were denied the payment of honoraria.
3. ' The Returning Officers have stated in their comments that the petitioners performed duty in connection with the Local Bodies Elections. As complementary staff. The comments filed on behalf of Election Commission state that the Finance Division did not provide any funds exclusively for this purpose, hence the Election Commission was left with no option but to squeeze its limited resources to award hononaria to the District Returning Officers, Returning Officers, Assistant Returning Officers and only two members of their staff.
4. ' The grievance of the petitioners is that this treatment is discriminatiory and, therefore, the Election Commission be directed to pay the honoraria to the petitioners also, as has been paid to the Readers and Naib Qasids of the Returning Officers.
5. ' The learned Additional Advocate-General has merely submitted that the Election Commission has no funds for payment of honoraria to the petitioners.
6. ' We are not satisfied with the explanation given by the learned Addl. A.G., as well as by the Election Commission, for the reason that the Election Commission should approach the Finance Division to provide necessary funds for disbursement of honoraria to the petitioners. No discriminatory treatment can be allowed on the ground that the Finance Division is not sanctioning the sufficient funds. The holding of National Elections and the Local Bodies Elections is a continuous process in a democratic dispensation and the Election Commission of Pakistan is assigned this job, which is to be performed from time to time. In fact the Election Commission should make an assessment of expenses involved in election by conducting a proper survey before conduct of every election and ask for the sanction of sufficient funds by the Finance Division. The holding of elections in a democratic dispensation is a constitutional requirement and the Finance Division is bound to provide sufficient funds for performance of this duty by the Election Commission.
7. ' After coming to the conclusion that the refusal of honoraria to the petitioners, who have actually worked as complementary staff with the Returning Officers, is discriminatory, we direct the Election Commission to approach the Finance Division and pay the honoraria to the petitioners in the same terms as paid to the Readers and Naib Qasids of the Returning Officers. The payment should be made within six months from today. The petition is allowed in the above terms. ' copy of this judgment be sent to the Secretary, Election Commission of Pakistan and Provincial Election Commissioner, Sindh, for compliance.