Through this single order, we intend to decide the following writ petitions, which involve the same factual and legal controversy:- i) Writ Petition No,222728/2018 (Youdester Chohan v. Provincial Election Commission and others). ii) Writ Petition No,222729/2018 (Haroon Imran Gill v. Provincial Election Commission and others). iii) Writ Petition No,221903/2018 (Ijaz Masih v. Provincial Election Commissioner, Punjab and others). iv) Writ Petition No,222727/2018 (Peter Gill v. Provincial Election Commission Punjab, and others). v) Writ Petition No,222851/2018 (Mahinder Pall Singh v. Election Commissioner Punjab and others).
2. Through the above-captioned constitution petitions, the petitioners have assailed the legality and validity of the orders passed by the Returning Officer, whereby he refused to receive the party lists of their candidates in order of priority for seats reserved for women and non-Muslims on account of one day delay in submission of same from the time stipulated in the election schedule.
Attempt to persuade the learned Appellate Tribunal by filing election appeal was made, which also remained unsuccessful.
3. Section 104 of the Elections Act, 2017 mandates that party lists of candidates in order of priority for seats reserved for women and non-Muslims shall be submitted with Returning Officer within the time specified for filing the nomination papers. The purpose of attaching this list issued by the party with the nomination papers is to confirm that he/she is a candidate of any political party for such seats. It is also clear from bare reading of said section that it is meant for the candidates belonging to any political party. Subsection (4) of section 104 further postulates that if, at any time, the party list is exhausted, the political party may submit a name for any vacancy which may occur on account of any reason. In other words, without obtaining this list the Election Commission is not in a position to nominate any candidate claims to be related to any political party. It is also discernible from aforesaid provisions of law that the reserved seats have been allocated proportionately according to the seats obtained in general election by the political parties and those seats which come in the entitlement of any party, are not transferable, therefore, mere delay of one day cannot be considered a sufficient ground to deprive the present petitioners to include their names in the list of eligible candidates. Even otherwise there are no penal consequences of non-submission of the party lists for reserved seats; hence, this deficiency alone, which occurred on account of late issuance of party lists by a party due to unavoidable circumstances, does not cause any prejudice to any other candidate and on the other hand non-acceptance of the lists may affect the election notwithstanding it will not be beneficial to any other party. In this backdrop, by condoning one day delay, we are inclined to accept all these writ petitions and set-aside the orders impugned passed by the Returning Officer and the learned Appellate Tribunal concluding that the party lists for reserved seats shall be accepted and candidates shall be accordingly declared and included in the list of eligible candidates.