' NAZIR AHMAD SIDDIQUI, J.---Through this single order, I propose to dispose of the following two Constitutional petitions arising out of common question of law and facts:--
(i) Writ Petition No.4489 of 2005 (Shaukat Ali v. Chief Election Commissioner and others); and
(ii) Writ Petition No.4503 of 2005 (Muhammad Imtiaz Khan v. Election Commission of Pakistan and others).
2. Grievance of the petitioners, precisely is that their names are still available in the voters list prepared in the year 2002 by the Election Commissioner of Pakistan but their names are missing in the voters list, to be used in the coming local bodies elections, therefore, a direction be issued. To enter their names as voters in the said voters list.
3. Arguments heard. Record perused.
4. Undeniably, the Election Commission of Pakistan prepared a list of voters in the year 2002 with reference to the elections of Provincial and National Assemblies, whereas a list of voters had already been prepared in the year 2000-01 used in the election of local council elections held in May, 2001.
5. As per section 18 of the Punjab Local Government Ordinance, 1979, (since repealed):- "18. Electoral Rolls.---"The electoral rolls prepared for election of members of Provincial Assembly as amended from time to time, adjusted and arranged for a local council, shall be the electoral rolls for election to the local council; ...."
' After repeal of the said enactment, the Punjab Local Government Ordinance, 2001 has been brought into existence and section 157 of the same deals with the electoral rolls. Relevant portion thereof [section 157(2)] is reproduced hereunder for ready reference:-- "157. Electoral rolls.---(1)....
(2) The electoral rolls for the local government elections shall be prepared by the Chief Election Commissioner in the manner he may deem appropriate and the electoral rolls shall not be invalid by reason of any erroneous description therein of any person listed or of an omission of the name of any person entitled to be enrolled or of inclusion of the name of any person not so entitled."
A comparison of these sections of the said two enactments suggests by all means that the legislature in its wisdom purposely excluded, "the electoral rolls prepared for election of members of Provincial Assemblies..." and the Chief Election Commissioner was empowered to prepare the electoral roll for the Local Government Elections in the manner he may deem appropriate. Seen from this angle, electoral rolls prepared in the year 2002 for the purpose of general election cannot be used in the coming local council elections for which the electoral rolls already prepared in the year 2000-01 and used in the Local Council Elections held in May, 2001. The plea advanced by the learned counsel for the petitioners that there is no change at all in the voters list prepared in the year 2002 and the voters list prepared in the year 2000-01 as is also evident from the same serial number of the voters and in the same order. It may be so, but the question would remain the same that which list was used in which election; admittedly votes list prepared in the year 2000-01 for the purpose of local bodies elections held in May, 2001 was not used in the general election, wherein voters list prepared in the year 2002 was used.
6. I have noticed the Election Commissioner of Pakistan vide memo. Dated 3-7-2004 directed all the Provincial Election Commissioners, "for updation of electoral rolls prepared for Local Government Elections, 2000-01" and also directed that, "the existing electoral rolls shall be published as draft electoral rolls for inviting claims, objections and applications for corrections within the specified period". With reference to it, a wide publicity was made by adopting all the modes of advertisement and this process continued from 8-8-2004 till 15-1-2005.
' During all this period, none of the petitioners (intended to contest elections against various seats of local council) bothered to check their names in the said electoral rolls i.e. 2000-01. Had they checked the same, they would have found that their names were not available there but , for the reasons best known to them, they remained inaction in this respect. On a Court question, petitioner (in W.P. No.4489-05) stated that his name was available even in the said list of 2000-01 and he did exercise his right of vote with reference to the same in the local council election held in May, 2001 but as per record shown by respondent No.3, his name was not even available in the said list. At this stage, Mr. Amin-ud-Khan, learned counsel for the said petitioner (who is held in high esteen in the knowledgeable circles) fairly stated that this being a factual controversy, may not be resolved in the instant proceedings.
7. Another significant aspect of the instant matter is that undeniably the election schedule for the coming local bodies election have been announced by the Election Commissioner of Pakistan vide Notification dated 30-6-2005. Hence, section 20 of Electoral Rolls Act, 1974 (reproduced hereunder) becomes applicable : -- " No correction to be made after constituency called upon to elect.--No revision or correction of any electoral roll for an electoral area shall be made nor shall any order under section 19 be made in respect of any electoral roll at any time after the constituency of which such electoral area forms part has been called upon to elect its representative and before such representative has been elected."
8. To meet with the above, Malik Muhammad Ahsan Karol, learned counsel for the petitioner (in Writ Petition No.4503 of 2005) contends that the said provision of law is meant for correction of the electoral rolls and the same does not debar the petitioner from getting entered/included in the said list on the basis of the availability of his name in the list prepared for general election in 2002. I am not at all in agreement with the learned counsel. For the sake of academic discussion, if the name of a person available in the earlier list was not available in the subsequent list, it means that the subsequent list is required to be corrected by including his name. Viewed from this dimension, the said provision of the Electoral Rolls Act is a bar in doing the same.
9. At the cost of repetition, I again asked the learned counsel for the petitioners as to what for they have not taken pains to check as to whether their names had been incorporated in the list to be used for the coming local council elections despite having given a fair, reasonable and adequate opportunity spreading over a period of six months, no convincing answer was given at all except that the petitioners were under no obligation to do such an exercise. If this is their attitude/conduct/ approach, same cannot be encouraged in the exercise of jurisdiction available under Article 199 of the Constitution particularly when they are desirous of becoming elected members of the people of their locality.
10. Both the learned counsel for the petitioners have drawn my attention to an order dated 19-7- 2005 passed by a learned Judge at Bahawalpur Bench in Writ Petition No.2587/2005/BWP titled, "Mian Saeed Ahmad v. Chief Election Commissioner, Islamabad and others" to contend that the petitioner of the said writ petition was granted relief for including his name in the voters list to be used for the coming local bodies elections on the basis of the availability of his name in the voters list prepared in the year 2002. I have studied each and every line of the judgment of my said learned brother but the above aspects have neither been brought to the knowledge of his lordship nor the same were considered/discussed in any manner.
11. All the above factors taken together persuade me to hold that no indulgence can be shown to the petitioners with reference to the prayer being made through the instant petitions: hence, the same stand dismissed in limine. Copy Dasti.