Pakistan Case Law← Search
2019 YLR 1481

MUHAMMAD ARSHAD ABBASI and 3 others vs ELECTION COMMISSION OF

Citation2019 YLR 1481
CourtPeshawar High Court
Judge(s)Lal Jan Khattak, Syed Muhammad Attique Shah
ResultPetition dismissed

SYED MUHAMMAD ATTIQUE SHAH, J.---Through the instant writ petition, the petitioner has approached this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, with the following prayer:- "It is therefore, humbly prayed that by allowing this petition to the extent of by-elec tion to the seat of Member 'Zilla Council,Union Council Bakot District Abbottabad and on the seat of General Coun cilor Village Council, Bakot-1 11, Abbottabad be held at the time when weather permits the participation of maximum voters in process and Honourable Court may graciously be pleased to declare impugn Notification. No 32(2/2018LGE / KPK(1) dated 13/11/2018 to the extent of Union Council Bakot and village Council Bakot-Ill is void ab-initio and of no legal effect while directing Election Commission of Pakistan to issue new Notification after the normalcy of weather condition in the interest of justice. Any other relief which this Honourable Court deems fit and proper in the circumstances of the case."

2. In essence, the grievance of the petitioner is that elections to the seats of Mem ber Zilla Council, Union Council Bakot, Abbottabad and General Councilor , Village Council Bakot-III scheduled to be held on 23.12.2018 may be postponed to some other date after winter season, so as to facilitate the voters of the area to cast their votes.

3. Arguments of learned counsel for the petitioner heard and record perused.

4. Perusal of record reveals that respondents have announced schedule for conduc ting Local Government 8th Bye- election to the vacant seats of Local Coun cils in Khyber Pakhtunkhwa vide Notification dated 13.11.2018, including the Union Council Bakot, District Abbottabad. As per schedule, the process of filing of nomination papers and scrutiny thereof has already been commenced with effect from 16.11.2018. The elections of local councils against the vacant seats, which are to be held in the whole province on the same date, could not be postponed in Union Council Bakot on the ground of weather alone. No other valid legal point could be urged at the bar by the learned counsel for the petitioner to persuade this Court justifying postponement of elections in question. Thus, this Court considers that elections could not be postponed and terminated at this stage, when process has already been commenced. Hence, this writ petition being devoid of merits is dismissed in limine.

Cited by 1 case

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.
Disclaimer·Privacy·Terms·Search