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1981 CLC 620

Mst. SAEEDA BEGUM AND OTHERS vs MUHAMMAD AJMAL KHAN AND OTHERS

Citation1981 CLC 620
CourtLahore High Court
Case No.Writ Petition No, 7966 of 1979
Date1980-10-11
Judge(s)Dr. Javed Iqbal, C.A. Rahman
ResultPetition dismissed

' A. RAHMAN, J.-The petitioners are some of the registered female voters in the various wards of the Town Committee, Qadirpur Rawn, Tehsil and District Multan. They have filed the present writ petition challenging the election of respondents Nos. 1 to 12 as members of the aforementioned Town Committee on the sole ground that no female voter registered in the 12 Wards of the Town Committee was allowed to cast her vote at the time of election in favour of candidate of her choice and, as such, the election of respondents 1 to 12 was illegal and void in view of the clear provisions of section 19 of the Punjab Local Government Ordinance, 1979 (Punjab Ordinance No, VI of 1979), that every person enrolled as a voter on the electoral roll shall have the right of vote. It has been contended by the petitioners that the Returning Officer had made no arrangement to enable the female voters to cast their votes as no separate polling booths were set up by him for the purpose.

2. This petition has been resisted by respondents 3 and 6 to 11. In the written statement filed on behalf of the aforementioned respondents, it has been contended that the present petition is not maintainable as an alternate legal remedy by way of an election petition before the Election Authority/ Tribunal is available to the petitioners and further that the petitioners, not being candidates aggrieved by the election, have no locus standi to challenge the election. According to the respondents, petitioners were not deprived of their right to cast votes at the election, but the petitioners had themselves failed to exercise their right of vote at the time of election.

3. We have heard the parties' counsel. There is no force in the objections raised on behalf of the respondents that the present petition is not maintainable as an alternate remedy is available to the petitioners and further that they have no locus standi to come to this Court to challenge the election of respondents 1 to 12 as they themselves were not candidate at the election and, as such, were not aggrieved by the result of the election. Section 24 of the Punjab Local Government Ordinance, 1979, which lays down that no election shall be called in question except by election petition, contemplates election petition by a candidate as in subsection (2) of the said section, it is provided that a candidate may make an election petition before the Election Tribunal challenging the election at which he was a candidate. The petitioners were admittedly not candidates at the election and, as such, they could not challenge the election before the Election Tribunal. Thus, no alternate remedy by way of election petition is available to the petitioners.

3. As for the petitioners locus standi to challenge the elections of respondents 1 to 12, learned counsel for the petitioners has rightly pointed out that section 19 of the Punjab Local Government Ordinance, 1979, confers the right of vote on every voter enrolled on the electoral roll and since that right has been denied to the petitioners, they are entitled to challenge the election, which has taken place in violation of their statutory right.

4. Election of the members of Town Committee, Qadirpur Rawn, was held on 25-9-1979, and according to the programme of polling, as notified by the Returning Officer, photostat copy of which has been placed on the file by the representative of the Town Committee, the male voters in the various wards of the Town Committee were to poll their votes from 8 a.m. To 12 noon, while the female voters were allowed to cast their votes from 12 noon to 3 p.m. The last one hour of the polling time, from 3 p.m. To 4 p.m., was fixed for casting of votes both by male and female voters. It has been con tended on behalf of the petitioners that the Returning Officer had made no separate arrangements for the female voters to enable them to cast their votes c during the polling hours as there were only 12 polling booths in 12 wards which were used by the male voters for casting their votes. According to the result of election of the Town Committee concerned (Annex. A/15), as compiled by the Returning Officer, no female, voter had come to the polling station to cast her vote.

5. We have examined the Punjab Local Council (Election) Rules, 1979. There is no provision in these Rules requiring the Returning Officer to set up separate polling booths for female voters. In the absence of any specific provision in the Rules, a Returning Officer is free to make any arrangement which he considers proper for the casting of votes by the female voters. In cities and big towns such arrangements can be made by providing separate polling booths for female voters, while at smaller places, where the number of voters is not large, it is open to the Returning Officer to fix certain hours of the day for the casting of votes only by the female voters, as was done in the present case. The Returning Officer had fixed the time from 12 noon to E 3 p.m. For the female voters for casting their votes. If the female voter themselves did not turn up to cast their votes during the aforementioned period, it cannot be said that their statutory right to cast vote at the time of election was violated. It is not the case of the petitioners that they or some other female voters bad gone to the polling booths but were not allowed to cast their votes. It is not known why the female votots of the Town Committee of Qadirpur Rawn did not cast their votes at the election. According to the polling programme, as _notified by the Returning Officer, arrangements had been made for the female voters for casting their votes, as noticed above. The election of respondents 1 to 12 cannot be questioned merely because the female voters of the Town Committee concerned had not exercised their right of vote at the time of election, as no statutory provision was violated at the time of the said election.

6. For the foregoing reasons, we find no force in the present writ petition and the same is, hereby, dismissed. Parties are, however, left to bear their own costs. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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