' LEHRASAP KHAN, J.--Muhammad Anwar, petitioner, is resident of Chak No, 374/G.B. Tehsil Jaranwala District Faisalabad. He was recorded as voter in Ward No, 13 of the said Chak, at serial No, 127, in the electoral list. Subsequently, however, before filing nomination papers, as a result of a change brought about in the electoral list, name of Muhammad Anwar petitioner was deleted from voters list of Ward No, 13 and entered in Ward No,
12. This change was challenged by the petitioner by way of an appeal, before the Appellate Authority, viz. The Assistant Commissioner. His claim was supported by the residents of his village and the learned Appellate Authority also called a report from the Project Manager, Satiana, who endorsed the petitioner's claim and reported that the petitioner had left his residence in Ward No, 12 several months before the preparation of electoral list and had adopted residence in Ahata No, 68,. In Ward No,
13. Consequently, the learned Appellate Authority (Assistant Commissioner) vide his judgment dated 24-7-1983 allowed the petitioner's appeal and declared him as voter from Ward No,
13. On the same day, one Mokha, a resident of the same village, viz. Respondent No,3, herein, moved an application before the Assistant Commissioner contending that the petitioner was a resident of Ward No, 12 and not of Ward No,
13. His claim was, however, filed on 2-8-1983. Subsequently, he made an application before the Deputy Commissioner containing the same allegations. His application was forwarded by the learned Deputy Commissioner, Faisalabad, to the Assistant Commissioner, Jaranwala, for disposal. Mokha's application made before the Deputy Commissioner was dismissed by the Assistant Commissioner on 13-8-1983. Again Mokha applied to the Assistant Commissioner seeking review of his earlier decision. The learned Assistant Commissioner, vide his order dated 20-8-1983, reviewed his earlier decision and directed that name of the petitioner should be recorded as a voter in Ward No, 12 and his name from Ward No, 13 be deleted.
2. This order of the learned Assistant Commissioner, Jaranwala, has been assailed through the present Constitutional Petition.
3. It is noteworthy that on 29-8-1983, the present Constitutional Petition was admitted to regular hearing and the operation of the impugned order was suspended by this Court. Consequently, the petitioner was able to contest election from Ward No, 13 and has since been elected from the said Ward.
4. It is evident from the contents of the impugned order, whereby the Assistant Commissioner, Jaranwala, has reviewed his earlier order, that the impugned order has been passed without any notice to the petitioner and without affording any opportunity of show cause to him. Obviously, the learned Assistant Commissioner had no jurisdiction to transfer the vote of the petitioner from Ward No, 13 to Ward No, 12, in the purported exercise of his power of review, without affording an opportunity of show cause to the petitioner. As a matter of fact, there is no provision in the relevant law conferring power of review on the Returning Officer in the matter of electoral rolls.
5. In this view of the matter, the impugned order passed by the learned Returning Officer is devoid of any legal sanction and violate of the principle of natural justice that no one should be condemned unheard. This Constitutional Petition is accordingly allowed and the impugned order is declared to be without lawful authority and of no legal effect. Since this petition has not been opposed by any respondent, therefore, no order is made as to costs.