MUSHIR ALAM, C J.---Ali the petitioners have challenged the notification dated 11-1-2013 whereby the Election Commission of Pakistan has called the electors of Provincial Assembly of Sindh to fill up the seats from PS-115 Karachi-XXVII, PS-113 Karachi-XXV, PS-84 Thatta-I, PS-103 Karachi-XV, PS-101 Karachi-XIII and PS-73 Jamshorocum-Dadu, which have fallen vacant due to resignation by the members of the Provincial Assembly of Sindh from the constituencies noted above. In C.P. No,D-177 of 2013 by- elections in PS-84 Thatta-I, in C.P. No,D-204/2013 by-election in PS-73 Jamshoro-cum- Dadu, in C.P. .No,D-255 of 2013 by-elections in the constituency PS-113 Karachi-XXV and in C.P. No,D- 273/2013 the bye-elections in PS-101, 103, 113, 115 respectively scheduledto be held on 18-2-2013 through impugned notification in respective constituencies have been called in question.
2. It appears that all the seats that have fallen vacant on account of resignation by the elected representative of the respective constituencies pursuant to a decision rendered by the Hon'ble Supreme Court whereby person possessing and/or holding dual nationality is not eligible to be elected as a member of Provincial Assembly and / or National Assembly.
3. It is the case of the petitioners that per sub-Article (4) of Article 224 of the Constitution of Pakistan, 1973 in cases any electoral seat has fallen vacant, it is obligation of the Election Commission of Pakistan to hold by-election within 60 days provided more than 120 days remains before the term of Assembly is due to expire. In all the petitions seats become vacant on 30-11-2012 when the elected members of Assembly tendered their resignation to the worthy Governor, which was accepted on the same day and notified to the Election Commission of Pakistan.
4. Mr. Haq Nawaz Talpur learned counsel for the petitioner appearing for the petitioner in C.P. No,D- 177 of 2013 contends tenure of present Provincial Sindh Assembly is five year from 1st meeting/session that was held on 5-4-2008 and tenure per Article 107 of the Constitution, 1973 would expire on 4-4-2013. It was urged that in terms of sub-Article (4) of Article 224 of the Constitution of Pakistan 1973; whenever a seat of National Assembly or Provincial Assembly falls vacant then it is obligation of the Election Commission to conduct and hold by elections within 60 days of such vacancy provided more than 120 days remains before the term of the Assembly is due to expire. According to Mr.Talpur intention of the Constitution makers is manifest that no constituency should remain unrepresented for more than 60 day and elected representative should at least have 60 days to legislate, and serve their people at least for a period of 60 days. It was urged that all the seats have fallen vacant on 30-11-2012 According to him, had the election been held within 60 day that is on or before 29-1-2013 elected representative would have had over 60 days to contribute and serve their constituencies. It is pointed out that 5 year term of National Assembly will expire on 16-3-2013 and there is strong indication that both National and Provincial Assembly will be dissolve together even before such date and in such eventuality hardly any time would remain to serve as required by the Constitution. It was argues that as per impugned schedule; the election is notified to be held on 18-2-2013 and as per section 42 (3A) of the Representation of Peoples Act, 1976, that within ten days from the date of election a candidate is required to furnish return of election expense, only then a returned candidate is officially announced and if this period is also taken into consideration for all a practical purpose the returned candidate would be announced on 28-2-2013 and if the Provincial Assembly completes its full term up to 4-4-2013 then the elected representative will not have 60 days to serve electoral of his constituency in accordance with sub-Article (4) of ,Article 224 of the Constitution of Pakistan, 1973. Mr. Talpur, further points out that election in respect of PS-21 was held and the returned candidate was elected on 4-12-2012 but till date he has not taken oath of the Assembly as no session has been called since then. He contends that there is no likelihood of any legislative business that is likely to be carried out by the Provincial Assembly and there is every possibility that even such returned candidate will not be able to serve for a single day. It is, therefore, urged that the exercise of such holding bye- elections under the impugned notification will merely be exercise in futility. Mr. Talpur, has further denied assertion that the Election Commission has received the resignation of the'members on 6-12.2012, He has drawn our attention to page 31 of the file, which shows that notification was received by the Commission on the very day of tender and acceptance i,e, on 30-11-2012. It is further urged that the effect of issuance of notification is that it is a public declaration, the moment a notification is issued, it is presumed to be in the knowledge of all. It was further urged that Election Commission of Pakistan has taken refuge behind Article 254 of the Constitution, which inter alia, provides that failure to comply with the requirement as to time does not render an act invalid. It is stated that once Constitution mandates a thing to be done within the prescribed time and in present case, bye-elections in terms of sub-Article (4) of Article 224 to, hold elections within 60 days from the date seat has fallen vacant, is a manifest breach of constitutional duty, which was required to be performed within given time and in case for a valid reason it could not be conducted within given time rather justiciable reasons and grounds are to be shown and in the comments no such grounds have been taken nor pleaded, therefore, the Election Commission is in flagrant violation of its constitutional duty. According to him malice of law and malice of facts are to be kept in mind. He has relied upon CHIEF JUSTICE OF PAKISTAN IFTIKHAR MUHAMMAD CHA UDHRY v. PRESIDENT OF PAKISTAN (PLD 2010 SC 61).
5. Mr. Abid Zuberi learned counsel for the petitioner in C.P. 275 of 2013 impugning election in PS-101, PS-103, PS-113, and PS-115 at Karachi, in addition to what has been contended by Mr. Talpur, urged that no final Electoral List exists, therefore, the elections cannot be held. Mr. Abid S. Zuberi, learned counsel for the petitioners contends that earlier list on the basis of which last elections in 2008 were held, at least for the city of Karachi, has been declared to be bogus. It is therefore urged that for all practical purposes there is no electoral list for the entire Karachi and, unless and until electoral roll as directed by the honourable Supreme in the Constitution Petitions Nos.31 of 2011, 45 of 2007, 111 and 123 of 2012 is prepared, in terms of the directions contained in para-28 wherein the Apex Court observed as follows:
28. ?In the above circumstances, it is clear that the Electoral Rolls of the city of Karachi are required to be revised by the Election Commission in exercise of powers conferred upon it under Article 219 of the Constitution read with Electoral Rolls Act, 1974 to achieve the object, which is to be ensured by the Commission in terms of Article 218 of the Constitution. Thus, the Election Commission of Pakistan is directed to carry out proper and complete door-to-door verification in Karachi so as to ensure that no voter is disenfranchised or dislocated and all other discrepancies are rectified as early as possible".
6. It is urged that the present exercise of verification of voters is continuing under the directions of the honourable Supreme Court. Mr.Abid S. Zuberi and so also Mr. Haq Nawaz Talpur, contends that their names are also not contained in the voter list and it was only yesterday a form has been provided to fill in the required particulars of the family to be enlisted as voter. He has also drawn our attention to para-20 of the said judgment wherein apex Court has quoted "rather strange and physically impossible situation of over 600 voters having been registered, as residents of a house measuring 120 sq.Yds.
7. Mr. Zuberi, learned counsel for the petitioners contended that the present exercise of door to door verification and preparation of electoral roll as undertaken by the Election Commission is not to be mixed up for annual revision of electoral roll, which is required to be carried out by the Election Commission on annual basis in terms of section 17 of the Electoral Rolls Act, 1974. It is stated that present electoral roll is being prepared under the command of honourable Supreme Court after door-to-door verification, in terms of section 17 of the Act, 1974 and in compliance to Articles 218 and 219 of the Constitution of Pakistan. It is further urged that generally no correction or revision of any electoral roll for any electoral area could be made after the constituency of which electoral area forms part has been called upon to elect its representative and before such representative has been elected. However the honourable Supreme Court in the case referred to above has directed the entire electoral roll for the Karachi to be prepared after door-to-door verification. Mr. Zuberi has placed reliance on PLD 2012 SC 448 WORKERSPARTY PAKISTANv. FEDERATION OF PAKISTAN (PLD 2012 -SC 681), AMANULLAH KHAN YOUSUFZAI v. FEDERATION OF PAKISTAN. (PLD 2011 Karachi 451) and MUNIR HUSSAIN BHATTI, ADVOCATE v. FEDERATION OF PAKISTAN (PLD 2011 SC 407).
8. It was urged that it was the obligation of the Election Commission to hold the bye-election on or before 29-1-2013. It is vehemently urged that the terms of the. National Assembly is expiring on 16- 3-2013 and that of the Provincial Assembly on 4-4-2013. According to the learned counsel in view of the present charged political environment pressure is mounting on the government to dissolve both the National Assembly and the Provincial Assemblies before the due date of dissolution and it is likely that announcement for dissolution of both assemblies is made within 7 to 10 days as reported in print and electronic media, therefore, the exercise of holding bye-elections when the nationa elections are right the corner would be exercise in futility. It is stated that hardly any session is likely to, be held no effective purpose would be served in holding and conducting bye elections and elected representative will not be able to discharge their duties of representing the electoral of heir respective constituencies, besides wasting substantial national resources.
9. MRs, Shazia Ahmed Hanjrah, learned counsel for the petitioner in C.P. No,D-204 of 2013 (PS-73) while adopting the arguments of Mr.Talpur and Mr. Zuberi has drawn our attention to the statement of the Chief Election Commissioner, as reported in various sections of press including Dawn dated 17-1-2013 that elections will not be held as the Assemblies are likely to be dissolved on 16-3-2013.
MRs, Shazia has further drawn our attention to para-9 of the comments filed by the Election Commission in her case that term of Provincial Assembly; Sindh was going to expire on 4-4-2013. It is stated that it reflects since now assemblies are to be dissolved earlier, therefore, it is mentioned that it was to be dissolved on 4-4-2013. MRs, Shazia has also drawn our attention to sub-Article (1) of Article 224 of the Constitution, 1973 which provides that result is to be announced within 14 days.
According to her if the polls are held on 18-2-2013 then the result should be announced on 3-3- 2013. According to her if section 42 of the Representation of the People Act 1976 is also taken into consideration in terms of sub-section 3(a) to section 42 is required to submit report of election expenses. It is only then the name of returned candidates is to be published, therefore, the returned candidate could only be declared up to 13-3-2013. MRs, Shazia has further raised arguments that even Article 254 of the Constitution, 1973 will not come to the rescue of the Election Commission, as it is not the inaction on the part of the Election Commission alone that may be called in question for not undertaking the exercise of holding bye-elections in terms of sub-Article (4) of Article 224 ibid within prescribed period of 60 days from the date when the seat has fallen vacant; it is her case that court should not lose sight of the fact that this Court and or the Election Commission cannot enlarge the period for a returned candidate to serve out the electoral of his constituency to 60 or more days as invariably if at all the period taken for dissolving Provincial Assembly expires on 4-4-2013 which is least likely as it is more expected that the Provincial Assembly will also be dissolved along with National Assembly on 16th March, 2013 then also 60 days will not be available for the elected representative, therefore, there is no justification to hold elections and incur expenses. MRs,Shazia, has also stated that impugned notification is in violation clauses (d) to (e) of subsection (1) of Section 11 of the Representation of the People Act, 1976 which inter alia, requires that time to file appeal against nominations is 4 days but in the schedule such time is curtailed 2 day and time to decide appeal is 7 days whereas in the schedule it is 1 day. It is stated that except public notice the schedule of the elections is in breach of section 11(1) of the Act, 1976. It is stated that nation is prepared for general election and not for bye-election and no fruitful purpose would be served if bye-elections are held. It is further urged that Article 224 provides two dates; firstly 120 day before the term of the Assembly is about to expire. Secondly that the bye election to be held within 60 days from the date of occurrence of vacancy. According to learned counsel for the petitioner it is important and mandatory that 60 clear are available to a returned candidate to serve his constituency. It is stated that election is not mere formality but a very serious exercise and is to be undertaken very seriously and religiously.
10. Syed Yasir Ahmed Shah, learned counsel for the petitioner in C.P. No,D-255 of 2013 (PS-113 Karachi) adopted the arguments of the counsel preceding him. In addition he has drawn our attention to statement of expenditure filed in C.P. No,D-177 of 2013 that per voter cost is approximately Rs,80 and in none of the constituency electoral strength is over Rs,100,000 therefore, it is urged that over run into millions of rupees and it is stated that the manner in which the elections schedule is announced shows that it has been done as a matter of formality and not a constitutional requirement.
11. Mr. Ashraf Mughal learned D.A.-G. Opposes the petitions. According to him petitions are liable to be dismissed. Election is a requirement of Constitution and it cannot be stayed. He has relied upon MAULANA AMIR ZAMAN BUKHARI v. ELECTION COMMISSION OF PAKISTAN (PLD 2004 Quetta 88) and MR. GHULAM MUSTAFA JATOI v. ADDL. DISTRICT and SESSIONS JUDGE and RETURNING OFFICER, NA. 158 AND OTHERS (PLD 1994 Kar. 1).
12. Mr. Miran Muhammad Shah, learned A.A.-G. Is of the contrary view. According to him the bye- elections through impugned notification will be exercised in futility. It is stated that resignation was tendered on 30-11-2012 schedule was announced on 11-1-2013 the Election Commission wasted valuable 41 days. Had it been announced timely perhaps elections could have been held now. He is also of the view the Election Commission cannot take refuge under Article 254 of the Constitution of Pakistan 1973. Learned A.A.-G. Contends elections schedule is hasty and is not practical. He supports the petitioners,
13. In rebuttal Mr. Talpur has relied upon AURANGZEB KHAN v. ELECTION COMMISSIONER OF PAKISTAN, ISLAMABAD, through Secretary and others (PLD 2010 SC 34 (37), Leta Gen (R) SALAHUDDAIN TIRMIZI (PLD 2008 SC 735 (763) (767) and CHIEF JUSTICE OF PAKISTAN IFTIKHAR MUHAMMAD CHAUDHRY v PRESIDENT OF PAKISTAN (PLD 2010 SC 61).
We have heard the arguments and perused the record.
14. There is no dispute that the elected representative tendered Resignation on 30-11-2013, which was accepted on the same date and on the same date following Notification was issued ELECTION COMMISSION OF PAKISTAN NOTIFICATION Islamabad, the 11th January, 2013 No,F.8(26)/2012-Cord.(1)-In pursuance of the Provisions of Section 11 of the Representation of the People Act, 1976 (Act No,LXXXV of 1976), read with section 108 thereof, Clause (4) of Article 224 and Article 254 of the Constitution of the Islamic Republic of Pakistan, the Election Commission hereby calls upon the electors of Provincial Assembly of Sindh, to elect a Member to fill the one seat from each of the under mentioned constituencies, which have become vacant due to resignations tendered by the Members of the Provincial Assembly of Sindh mentioned there against and specifies in relation thereto, the following dates for Bye-Election: S.No. Number and Name of Constituency Name of Member
1. PS-115 Karachi-XXVII Mr. Muhammad Raza Haroon
2. PS-113 Karachi-XXV Mr. Askari Taqvi
3. PS-84 Thatta-I Mr. Sadiq Ai Memon
4. PS-103 Karachi-XV Dr. Syed Muhammad Ali Shah
5. PS-101 Karachi-XIII Mr. Abdul Moid Siddiqui
6. PS-73 Jamshoro-cum-Dadu Mr. Murad Ali Shah S.No. EVENTS DATE
(a) Public notice to be issued by the Returning Officers on 14-1-2013
(b) Dates for filing nomination papers with the Returning Officers by the candidates 21-1-2013 & 22-1-2013
(c) Dates for Scrutiny of nomination papers by the Returning Officers 23-1-2013 & 26-1-2013
(d) Last date for filing of appeals against decisions of the Returning Officers rejecting/accepting the nomination papers28-1-2013
(e) Last date for deciding appeals by the Tribunals 30-1-20103
(f) Last date for withdrawal of candidature 31-1-2013
(g) Publication of revised list of candidates 1-2-2013
(h) Polling day 18-2-2013 By order of the Election Commission of Pakistan. (Sd.) Zaffar Iqbal Hussain, Deputy Secretary (Elections)
15. All the petitioners are unanimous that holding bye-election is exercise in futility and would not serve any purpose more particularly when the general election for the National and Provincial Assemblies are about to be held, much turn around the purport and intent of Sub-Article
(4) of Article 224 of the Constitution of Pakistan 1973, which reads as follows; Article 224 (1). Time of election and bye-election:-
(2) .....
(3) ......
(4) When, except by dissolution of the National Assembly or a Provincial Assembly, a seat in any such Assembly has become vacant, not later than one hundred and twenty days before the term of that Assembly is due to expire, an election to fill the seat shall be held within sixty days from the occurrence of vacancy.
16. From bare perusal intention of the legislators is manifest that whenever a seat in either National Assembly or Provincial has become vacant for any reason, and one hundred and twenty days remains due before the term, of the Assembly is to expire then bye elections shall be B held by the Election Commission, within sixty from the date of occurrence of such vacancy or putting in other words no bye elections is to be held if the seat of National and or Provincial assembly has fallen vacant at a time when 120 days or less are left for the term of the respective Assembly is to expire or the Assembly is otherwise dissolved earlier.
17. Elections Commission in terms of Article 118(3) is mandated to organize and conduct election and to make such arrangement as are necessary to ensure that the election is conducted honestly, justly fairly and in accordance with law and the corrupt practise, are guarded against.
18. In instant case admittedly vacancy in the respective constituencies have occurred on 30-11-12 as per mandate of sub-Article (4) of Article 224 ibid, one hundred and twenty days remain due before the term of Sindh Assembly in normal course would expire on 4-4-2013 on completion of term of five year from the date of its first Session that was held on 5-4-2008. (in fact total 125 days remain due before the term of Sindh Assembly is due to expire from the date of vacancy of the seat i,e, from date of resignation, acceptance of resignation and its notification all on the same date i,e, 30-11-2013.
19. In the case of Imran Khan v. Election Commission of Pakistan C.P. No, 31 of 2011 and other connected petition honourable Supreme Courts in its very recent rendition in last sub-para. Of Paragraph 26 held as follows:-- There can be no escape from the fact that a free; fair, just and transparent election is the very heart of our democratic system, as envisaged by the constitution. Such election must not only be held in a just and honest manner but also appear to be in order to inspire the confidence of the electorate. The provision of Article 219 of the Constitution and Electoral Roll Act, 1974 and Rule framed thereunder must necessarily be interpreted in manner so as to achieve the said object.
Consequently, Election Commission must fulfil its obligation cast upon it by Article 218 of the Constitution of ensuring the holding free, fair and transparent election and to achieve such purpose seek assistance from the Executive Authorities in the Federation this behalf which are obliged to render such assistance by virtue of Article 220 of the Constitution.
20. As observed in above quoted case a free, fair, just and transparent election is the very heart of our democratic system, as envisaged by the Constitution. Thus continuity of electoral process is in fact in furtherance of objective to strengthen the democracy and democratic institution and parliament is mother of all the democratic institution, and Assemblies National and Provincial are its integral part.
21. invariably all the learned counsel for the petitioners have emphasised that since delay has been caused in announcing the schedule of bye-election therefore election cannot be held. The election Commission in its comments responded that the term of Provincial Assembly is due to expire on 4-4-2013, whereas the seats have fallen vacant on 30-11-2012. As such, there was more than 120 days between the occurrence of vacancy and expiry of term of Assembly. Therefore, the impugned Notification was issued in terms of Article 224(4) of the Constitution". Such stance is in consonance with Article 224(4) of the Constitution, 1973. As regard contention of learned counsel that since it is reported in press attribution to the Election Commission and. Or Election Commissioner that now no bye-election will be held is of no significance. Any statement or extraneous consideration cannot be used to flout or negate any of the Article of the Constitution. It may be observed that Article 5 of the Constitution makes it inviolable obligation on all the citizen of Pakistan and for all persons for the time being in Pakistan to obey, respect and abide by the Constitution and law of Pakistan and there is no escape for any person including any public functionary and or authority including Election Commission of Pakistan from such constitutional obligation to obey and follow the Constitution and laws of Pakistan. In terms of Article 218 of the Constitution of Pakistan amongst other it is also duty of the Election Commission to organize and conduct election to the Senate or to fill casual vacancies in a House or Provincial Assemblies, the Election Commission cannot abdicate from such constitutional duties, which must be performed in all circumstance and there is no escape for the Election Commission from such duty. As regard some delay in announcing schedule of the bye election, it may be observed that mere some delay will not absolve the Election Commission from performance of its constitutional:duty and even other- wise Article 254 of the Constitution of Pakistan, 1973 comes to its rescue, where an act or thing under the-Constitution is required to be done within a given frame of time could not be done or is not done within such time and its performance belatedly does not invalidate the belated performance or discharge of duty or make it ineffective merely for the reason it was not done belatedly. Implication of Article 254 of the Constitution was also considered in the case of in Ref. No,1 of 1988 made by the President of Pakistan opinion of full court is reported in PLD 1989 SC 76 apex court considering various Articles of the Constitution, 1973 including Article 224(4) ibid providing time line for the performance of some act, thing or duty by any person or authority while interpreting Article 254 of the Constitution, 1973 it was observed at pages 102-103 as follows:- It has to be understood very clearly that no Constitutional provision is to be disregarded, that non- performance of the duty within the period prescribed amounts to breach and violation of the Constitution to be taken note of satisfactorily explained and suitably dealt with and that minimum possible delay should be allowed to take place. This provision (Article 254) is in accord with the general law and the principles governing the interpretation of legal or Constitutional documents.
Where the provision of the Constitution or statue relates to the performance of a public duty and where the invalidation of acts done in neglect of them would work serious general inconvenience or injustice to persons who have no control over those entrusted with the duty, without promoting the essential aims and objects of the maker thereof such prescription are generally understood as directory only. The neglect of them may be penal but it does not affect validity of the act done in disregard of Them. This is what in express words Article 254 accomplishes. This provision envisages delay in performance of duty or doing of the mandated act but then makes allowance for the delay without defeating the action or the performance of the duty".
22. Thus any delay in issuance of the impugned Notification for holding bye election, is of no consequence and will not render the schedule of bye-election invalid or unconstitutional.
23. As regard contention of Mr. Zuberi, that electoral roll for the city of Karachi is in the process of preparation and therefore, bye election cannot be held. It may be observed that constitutional duties are to be performed come what may even delay in performance of such constitutional duties where time line is provided, is not rendered invalid on such ground alone. It may be observed that in terms of Article 219 of the Constitutional duty of the Election Commission to prepare electoral roll for the election of National and Provincial Assemblies and revising it annually.
Elaborate procedure and manner is laid Own in 'The Electoral Rolls Act, 1974whereby the Election Commission is mandated to prepare, revise, correct, maintain Electoral roll and entertaining objection and manner in which objection to inclusion and exclusion and transfer from one area to another are to be decide, it is ongoing and continuing exercise, in addition to annual revision as mandated under Article 219 of the Constitution,1973. The Electoral roll is maintained for the purposes- of holding general and bye- election to the National, Provincial Assemblies, Senate and or Local Bodies. In terms of section 23 of the Act of 1974, the electoral roll for any election electoral area prepared under Electoral Act, 1974 comes into force immediately upon its final publication and remain in force until revised. Therefore the Electoral Roll until revised under the Act of 1974 and as per order of honourable Supreme Court in the case of Imran Khan (supra) is available. It may be observed that serious discrepancies were noted by the honourable Supreme Court in the Electoral roll for the city of Karachi, and direction for correcting it has been issued and admittedly it is in process. It may be noted that an electoral roll for the purposes of holding bye-election is not invalid by reasons of any misdesdiption of a person enrolled thereon or of omission of the names of any person entitled to be enrolled or of inclusion of the name of any person not so included. (see section 26 of the Electoral Act, 1974). In instant petitions, election schedule has already been announced. Through impugned Notification dated 11-1-2013 and poll are scheduled to be held on 18-2-2013. It may be observed that in terms of section 20 the Electoral Act, 1974 no revision or correction of any electoral roll for an electoral area could be made at any time once the constituency of which such electoral area has been called upon to elect its representative and before such representative is elected. As noted above, electoral of electoral areas comprising of constituencies from PS-115 Karachi-XXVII, PS-113 Karachi-XXV, PS-84 Thatta-I, PS-103 Karachi-XV, PS-101 Karachi-XIII and PS- 73 Jamshoro-cum-Dadu, have already been called upon to elect their respective representative, therefore for the purposes of present bye-elections the last electoral roll prepared and published shall, be the foundation for conducting bye-election. The decision of the honourable Supreme Court in the case of Imran Khan (supra) will not affect the holding of present bye- election.
24.Attending to contentions of MRs, Shazia, learned counsel for the petitioner in C.P. No,204 of 2013, that duration for time frame for various stages of elections including time for filing of Appeal- which is four days and seven day for the decision of appeal etc. As provided in various clauses of subsection (1) of section 11 of the Representation of Peoples Act, 1976 has not been maintained in the impugned Notification for holding bye-elections, renders such notification as void and of no effect. Arguments seemingly attractive when examined are found to be fallacious, for couple of reasons, firstly the petitioners have not been able to show that any prejudice has been caused to them for curtailing or shortening duration of various stages of an election process including challenge or decision by the Election Tribunal. Secondly learned counsel over sight the fact that section 11 of the Act, 1976 provided time line for matters or various stages of an election process pertains to general elections and not bye-election. Election schedule for the bye-elections is governed under section 108 of the Act, 1976 and in terms of proviso thereto the several stages of election shall be such as may be specified in the notification for the bye-election.
25. As far as vain contentions of Mr. Talpur and Mr. Yasir that substantial amount would be spent and exchequer will be burdened, it may be observed that holding election and continuing democratic process is to be secured at all cost.
26. For the foregoing reasons, all the petitions are dismissed along IL with pending applications.