Petitioner, Turab Khan, has called in question the judgment/order dated 12.9.2015 passed by the learned Election Tribunal, Chitral with the prayer that the same may be declared to have been passed without lawful authority, void and of no legal effect as below:-- "It is therefore requested that the impugned order/judgment of Election Tribunal District Chitral dated 12.02.2015 may declared as void against the law and the Respondent No, 2 to 4 may directed to make the correction by placing each successful in accordance with law or other relief as the Courtnay deems it."
2.Brief but necessary facts giving rise to the instant writ petition are that in Khyber Pakhtunkhwa Province in the area under its control commonly known as PATA, Local Government Election was held under the Khyber Pakhtunkhwa Local Government Act, 2013 read with Local Government Election Rules, 2014 was held on, 30.5.2015 and nomination papers for reserved seats were already scheduled to be filed from 13.4.2015 to 17.4.2015.
3.After completion of voting process, returned candidates for District Council Chitral were announced and according to Election Rules two reserved seats under the category of non-Muslims were to be filled on the principles of proportional representation system and these two seats were to be allotted to the political parties, one who has got first position and the other one to the next party having lessor members than the first one.
4.According to the Gazette Notification of Pakistan, Extra, Part-III dated 19.8.2015, one seat allocated to non-Muslims was found vacant, so in pursuance of Rule-41 sub-rule (4) of the Khyber Pakhtunkhwa Local Councils (Conduct of Election?) Rules, 2014) the names of returned candidates for reserved meats in District Council Chitral were declared by the Election Commission under the category of non-Muslims. According to proportional representation system one seat fell to Jamat- e-Islami Pakistan being highest in score to their ticket holding candidate namely Imran Kabir son of Kabir Khan, so was declared as returned candidate while the next political party higher in score was Jamiat Ulama Islam (Fazal Rahman). But none submitted nomination papers against the reserved seat of non-Muslims An the ticket of Jill (F), so, the seat was kept vacant. The schedule showing returned candidates for non-Muslims seats is reproduced as under:-- (Non-Muslims)
S. No.Name of Returned Candidate (S)Father/Husband NameParty AffiliationAddress 1 Imran Kabir Kabir Khan JI Village Bumburate Chitral 2 Vacant JUI(F)
As the second seat was meant for non-Muslim was not filled, therefore, under the rules was kept vacant as shown in the above table.
5. One Na Baig son of Tol Khan resident of Krakal Bumburat Tehsil & District Chitral filed Election Petition before the learned Election Tribunal Chitral for declaring him as returned candidate for reserved seat of non-Muslims for vacant seat of District Chitral being ticket-holder of Pakistan Tehreek-Insaf (PTI), who was third .party in score and the same Election Petition was allowed by the learned Election Tribunal Chitral vide its judgment dated 12.9.2015, in consequence thereof Election Commission of Pakistan vide Notification No, F. 27(I)/2015-LGE-KPK (Vol-III) dated 29.01.2016 declared the said Na Baig son of Tol Khan, the ticket-holder of PTI as returned candidate against the vacant seat of District Council Chitral, reserved for non-Muslims.
6.Now the present petitioner Turab Khan through the instant writ petition had challenged the judgment of learned Election Tribunal Chitral dated 12.9.2015 to be declared as void order, against law and without lawful authority on the ground that he is non-Muslim and had submitted nomination papers for above said vacant seat in view of Rule 10 A (Amended) on 22.7.2015 with JUI
(F) ticket and his name was declared as returned candidate under Rule 41 sub-rule (4) of the Khyber Pakhtunkhwa Local Councils (Conduct of Elections Rules, 2014), as previously the same seat was kept vacant meant for JUI (F) and he being its nominee was entitled and correctly selected by , provincial Ameer Maulana Gul Naseeb Khan ,of Khyber Pakhtukhwa Jamiat Ulama Islam, the authorized political leader had issued ticket in his favour against the said reserved seat for non- Muslims' minority under Rule 10 (A) (amended), which is reproduced, as below:-- "In Rule 42, after sub-rule (10), the following new sub-rule shall be inserted, namely: "(10 A) If any time the party list is insufficient or exhausted, the concerned political party may submit additional names for any vacancy which may occur thereafter in the Tehsil Council, Town Council or District Council, as the case may be."
7.Arguments heard and record perused.
8.The arguments of learned counsel for the petitioner that under Rule 10 (A) ibid, he was entitled to be declared as returned candidate, as the same seat was meant for JUI (F) and the respondent Na Baig had not impleaded him as respondent in his Election Petition before the Tribunal, so, the judgment is liable to be set aside being void, against the law and without any legal authority. The plea of learned counsel for the petitioner is not tenable in the eye of law, as the petitioner filed his nomination papers on 22.7.2015 much after the prescribed date for submission of nomination papers for the subject seat, within period from 13.4.2015 till the last date i,e, 17.4.2015, but admittedly the nomination papers annexed with the petition filed by petitioner depicts the date of its filing as 22.7.2015, which by itself is against the rules and the present petitioner missed the chance, available to him under the law and rules. Moreover, amended Rule 10 (A) does provide chance to a political party to submit nomination form of his nominee at his own whish or at the time and date which they like, but this permission is beneficial where the "list" already provided is "insufficient" or "exhausted", then concerned political party only can submit additional names, which is not the case of petitioner.
9. According to the law envisaged under Section 74 subsection (4) reserved seats for non- Muslims are to be filled by Electoral College through proportional representation system. Relevant provisions of law as envisaged in the section ibid is reproduced as below: Section 74 of KPK Local Government Act, 2013
(1) .....XXX (2)XXX (3)XXX
(4) Members to fill seats reserved for woman, peasants and workers youth and non-Muslims in the Tehsil Council and District council shall be elected through proportional presentation system of political parties' list of candidates on the basis of the total number of general seats secured by each party in the respective local council.
10. Similarly the procedures and methodology in respect of conducting of election against the reserved seats have been provided in Rule 42 of the K.P.K Local Councils (Conduct of Elections Rules, 2014) under sub-rules (2), (3) & (4), which are reproduced as under for convenience sake:-- (2)For the purpose of election to seats reserved for women, peasants and workers, non-Muslims and youth in the tehsil, town and district councils, the political parties contesting election for such seats shall, within the period fixed by the Commission for submission of nomination papers, file separate lists of their candidates in order of priority for seats reserved for women, peasants and workers, non-Muslims and youth with the Returning Officer, who shall forthwith publish the lists for information of the public at large.
(3)The political parties' lists referred to in sub-rule (2) may contain as many names of additional candidates as a political party may deem necessary for contesting seats reserved for women, peasants and workers, non-Muslims and youth to provide for any disqualification of candidates during scrutiny of nomination papers or for filling of any vacant seat during the term of the respective local council.
(4)Where a seat reserved for women, peasants and workers, non-Muslims and youth in a district, tehsil or town council falls vacant for death, resignation or disqualification of a member, it shall be filled. in by the next person in order of precedence from the political party's list of the zandidates submitting to the Returning Officer under sub-rule (2).
11. As none submitted nomination papers having JUI (F) ticket against the reserved seat of non- Muslims for District Council Chitral within prescribed period .i,e, from 13.4.2015 to 17.4.2015, therefore, the same seat was kept vacant and the next person in order of precedence provided in a prescribed manner through a "list" from a political party within prescribed period under prescribed rules to the Returning Officer under Rule 42 were to be declared as returned candidates.
12. After JUI (F), score-wise next political party in position for concerned vacant seat was Pakistan Tehreek-i-Insaf .i,e, PTI, but its nominee was not declared as returned candidate by the Returning Officer, therefore, he filed Election Petition and succeeded to get judgment in his favour in consequence whereof the said Na Baig nominee of PTI was declared as returned candidate through ibid notification dated 29.01.2016.
13.From perusal of the record, it further reveals that the petitioner, filed his nomination papers alongwith party ticket of JUT (F) on 22.7,2015, which by itself were filed after the closing date .i,e, after 17.4.2015 in violation of law and relevant rules. Thus, declaring the petitioner by Returning Officer as returned candidate of JUI (F) was without legal authority, void, ab-initio and against relevant election rules and Respondent No, 2, Na Baig son of .Tol Khan was correctly adjudged as returned candidate for said vacant seat by the learned Election Tribunal vide its impugned judgment, to which no exception could be made out.
14.The learned counsel for the petitioner failed to point-out any wrong exercise of jurisdiction the learned Election Tribunal and miscarriage of justice to the petitioner. In this respect the judgment of Hon'ble Baluchistan High Court is referred titled as Umesh Kumar vs, Engineer Basant Lal.Gulshan and 9 others (2011 M LD 1360 Quetta).
15.In wake of the above discussion, the instant writ petition being bereft of merits stands dismissed.