1. NASIM HASAN SHAH, J.--This judgment will dispose of the abovenotcd appeals as they all raise a common question of law.
2. The facts forming the 'background to these appeals and the treatment accorded to the question requiring determination may, with advantage, be reproduced in the words of the High Court. It was observed "that the petitioners (now respondents in these appeals) applied for inclusion of their names in the electoral rolls or for transfer of their votes from one electoral area .To another to the Registration Officers, but their applications were either not entertained or were rejected.
3. The reason for the rejection disclosed by the respondents (appellants) before this Court is that as the Election Commission of Pakistan, has directed that annual revision of electoral rolls be taken in hand with effect from 31st of August, 1991, no application for correction of any entry or inclusion of the name in the Electoral Rolls could be made. Reference in this connection has been made to the letter of the Punjab Election Commissioner, addressed to the Registration Officers on 14th September, 1991, the relevant paras of which are reproduced as under:- "2.Attention of the Registration Officers may further be invited to section 18 of the Electoral Rolls Act, 1974, which is operative for enrolment and correction at a time other than the annual revision. Since the process of annual revision has commenced with effect from August 31, 1991, the provisions of Section 18 have been rendered inoperative from that date. The Registration Officers cannot, therefore, exercise their powers under Section 18 from the commencement of annual revision on August 31, 1991, till the culmination of the process of annual revision.
4. 3.After completion of various phases of the revision work, on December 7, 1991, printing of the supplementary lists will be undertaken by the middle of December this year. The final and revised electoral rolls are expected to be published early next year and the persons enrolled as voters during the revision operation will not, therefore, be able to participate in the ensuing elections to the local councils. It is clarified that if elections to the local councils are held in November, 1991, as announced by the Provincial Government, only such voters will be entitled to participate in these elections as are registered on the electoral rolls existing on August 31, 1991, unless the law is amended by the Provincial Governments."
5. The learned counsel for the petitioners (who are the respondents before us) have relied upon Sections 11 and 18 of the Electoral Rolls Act, 1974, in support of their contentions that notwithstanding the annual revision, the power remains with the Registration Officer to correct the entries.
6. Reference has also been made to Section 20 of the Act. The only reliance of the respondents (appellants in this Court) apart from the letter of the Election Commission is on the heading of Section 18 of the Electoral Rolls Act, 1974.
7. From the respective contentions of the parties, the question which emerges for decision is as to whether the powers under sections 11 and 18 of the Electoral Rolls Act, 1974, can be exercised during the time the annual revision of the electoral rolls is in progress visualised by Section 17 of the aforesaid Act.
8. In order to appreciate the controversy, the relevant provisions of the Electoral Rolls Act, 1974, may be noted. The Act as its pre-amble suggests was promulgated with a view to provide for preparation and revision of the Electoral Rolls to the elections of National and Provincial Assemblies. At this stage it may be observed that although, the rolls prepared by the Election Commission are meant for elections to the National and Provincial Assemblies elections, but by virtue of section 18 of the Punjab Local Government Ordinance, 1979, the electoral rolls for the elections to the Provincial Assemblies shall also be the rolls for the purposes of the elections to the Local. Councils. Section 4 of the Electoral Rolls Act, provides that the Rolls are to be prepared by revising the existing electoral rolls for the time being in force. Section 5 authorises the Election Commission to appoint Registration Officers and Assistant Registration Officers for the purposes of preparation, revision correction and amendment of the Electoral Rolls. Section 9 empowers the Chief Election Commission to appoint a Revising Authority for any electoral area or group of electoral areas for the purposes of receiving and deciding objections and applications for correction relating thereto. Provisions of section 11 are important for the present purposes and may advantageously be reproduced as under:- "11.Transfer of name from one electoral area to another.--A person may apply for transfer of his name from the electoral roll of one electoral area to the electoral roll of another by filing- (a)an objection to the inclusion of his name in the roll in which it has been included, and (b)a claim for the inclusion of his name in the other, with the appropriate Revision Authority or Revising Authorities, if it is preferred before the final publication of the electoral roll under section 16, or with the appropriate Registration Officer or Registration Officers, if it is preferred after such final publication."
9. Under section 16, final publication has to be made by the Registration Officers. Section 17 which deals with annual revision is as follows:- "17.Annual revision of electoral roll.--An electoral roll shall be revised and corrected annually in the prescribed manner and form--
(a) so as to include the name of any qualified person whose name does not appear on such roll, or
(b) so as to delete the name of any person who has died or who is or has become disqualified for enrolment, or
(c) for correcting any entry or for supplying any omission in such roll: Provided that, if, for any reason, the electoral roll for any electoral area is not revised, the validity or continued operation of the electoral roll shall not thereby be affected."
10. Section 18 on which reliance has been placed by both the parties reads as under:- "18.Enrolment and correction at a time other than the annual revision.-(1) Any person whose name is not included in an electoral roll for the time being in force and who claims that he was or is entitled to be enrolled on that roll may apply to the appropriate Registration. Officer, (along with a photostat copy of the identity card issued to him under the National Registration Act, 1973 (LVI of 1973) for the inclusion of his name therein, and if the Registration Officer is satisfied after giving such notice and making such inquiry as he may consider necessary that the applicant was or is entitled to have, his name enrolled, he shall for the purpose of further correcting the roll insert the name of such person in that roll.
11. (2)Any person may apply to the Registration Officer for the correction of any entry in an electoral roll for the time being in force; and (a)if the entry relates to the applicant and the Registration Officer is satisfied after giving such notice and making such inquiry as he may consider necessary that the entry relates to the applicant and is erroneous or defective in any particular, he shall correct the roll accordingly; and (b)if the entry does not relate to the applicant and the Registration Officer is satisfied after giving notice to the person to whom the entry relates and after making such inquiry as he may consider necessary that the entry is erroneous or defective or should be deleted, he shall correct the electoral roll accordingly."
12. Section 20 of the Electoral Rolls Act which may also be noticed is as under:- '
13. "20. No correction to be made after constituency called upon to elect- No revision or correction of any electoral roll for an electoral area shall be made nor shall any order under section 19 be made in respect of any electoral roll at any time after the constituency of which such electoral area forms part has been called upon to elect its representative and before such representative has been elected."
14. At the very outset, it may be stated that section 11 envisages the exercise of powers by two different authorities, namely, Revising Authority and the Registration Officer, at two different points of time. It postulates that if the application is for the transfer of the vote before the publication of the electoral rolls, it shall be made to the Revising Authority, but if it is after the date of final publication, it shall be addressed to the Registration Officer. This section does not make any mention whatsoever of the process of annual revision. On the other hand, it provides that power under this section can be exercised at any time, whether before or after the publication of the Rolls. .Thus, there is no warrant for assuming that When the annual revision has been taken in hand, this power is not available.
15. So far as inclusion of names in the electoral rolls for the time being is concerned, section 18 vests a right in a person, otherwise entitled to be enrolled as a voter, to file an application to have his name included in the B electoral rolls. There is nothing in the body of this section which prohibits the filing of an application during the time of annual revision. Reliance of the respondents, however, is only on the heading of section 18 of the Electoral Rolls Act, 1974. But this reliance is misplaced. It is well- settled that heading of section cannot control the meaning of the statute nor curtail or restrict its C scope and working. Although the heading may be looked into for interpreting the section if its words appear to be doubtful but it cannot restrict the plain words of the section.
16. The High Court then went on to sum up its views as follows:- "The .Language of section 18 is quite clear and there is no ambiguity about it. The heading of the section, therefore, need not be taken into consideration, and in any case the heading by itself cannot render the provisions of section 18 inoperative during the time the annual revision is in progress as has been suggested by the respondents. Be that as it may, even the heading does not lead to the conclusion at which the respondents have arrived at. It merely provides that the exercise of power for correction under rule 18 is different from the annual revision provided by section 17, which in any case, does not have any overriding effect nor does it whittle down the scope of section 18.
17. 10.While interpreting provision of law like the Electoral Rolls Act, it has to be kept in mind that franchise is one of the most valuable rights vesting in a citizen and no one should be deprived of the same, except by clear mandate of law."
18. It went on to add: "The plain language of section 18 leaves no room for doubt that no restriction as to time has been placed by law on the right of a person to apply for correction of the rolls. It is also to be seen that section 23 of the Electoral Rolls Act, 1974. Rolls once published remain in force till revised. That being so, till such time fresh or revised rolls are finally published, the right to have the previous rolls corrected cannot be denied to the electorate. This conclusion is further fortified by section 20 of the Electoral Robs Act, which provides that no revision or correction can be made nor any order for preparation of fresh rolls can be passed after the Constituency of which such electoral area forms part is called upon to elect its representatives. This provision makes the intent of the legislature obvious that where it wanted to revision or inclusion, it has so stated in clear terms. It cannot, therefore, be argued with any success, that such a provision be implied in section 18."
19. The conclusion was stated as under:-- "From the above, it is obvious that neither section 11 nor section 18 is subject to section 17 of the Electoral Rolls, Act, 1974, nor can the latter section over-ride or whittle down, the effect of sections 11 and 18 of the Act. The instructions issued to the Registration Officers that in view of annual revision, the-provisions of section 18 had become. Inoperative not countenanced by any law and have no efficacy".
20. In support of these appeals the learned Deputy Attorney-General has submitted that the moment that process of annual revision of electoral rolls starts, the provisions of section 18 of the Electoral Rolls Act, 1974, cease to be operative. They remain inoperative till the process of annual revision of electoral rolls comes to an end and the lists, after decisions of objections, are finally published.
21. Accordingly, during the time between the commencement of the annual revision and the final publication of the lists, neither the fresh votes can be entered in the electoral rolls nor the votes can be transferred from the lists of one area to the lists of some other areas. It is only after the culmination of this process and after the publication of the final lists that the power of the Registration Officers is restored and the provisions of section 18 also become operative. Refusal of relief to the respondents in the instant cases was, therefore, legally justified.
22. It is further submitted that the reliance of the High Court on the provisions of section 11 of the Electoral Rolls Act, 1974 is similarly unjustified because it is only after the final publication of the lists that the Registration Officer acquires the jurisdiction to order transfer of vote from the list of one area to the list of another area.
23. It is also submitted that section 18 of the Electoral Rolls Act, 1974, was required !o be construed and interpreted in the light of other provisions of the Electoral Rolls and not in isolation.
24. According to the learned Deputy Attorney-General the view taken by the High Court has overlooked the Scheme of enrolment provided under the Electoral Rolls Act, 1974. This Act envisages two different operations. Under section 18, the enrolment and correction is a continuous process but it stands I interrupted on two occasions. Firstly, when the constituencies are called upon to elect their representatives, as provided under section 20 and secondly, after commencement of the annual revision of electoral rolls under section 17 of the Act.
25. Under section 18, the Registration Officers can enrol a person as soon as he attains the age of 21 years on the basis of the National Identity Card and no other formality is involved.
26. However, when the process of annual revision under section 17 commences all persons who have attained the age of 21 years on the first of January of the year can claim enrolment. But all such fresh claims for enrolment and objections thereto have to be filed and adjudicated upon by the Revising Authority (within the periods specified under sections 10, 11 and 14 of the Act) and during this process the provisions of sections 6, 7, 8, 9, 10, ll, 12, 13, 14, 15 and 16 are attracted.
27. Thus, the process under section 17 stands on an entirely different footing to the process of enrolment of names visualised under section 18 of the Act. A close scrutiny of all the provisions shows that concurrent operation of the two processes to be carried out by two different authorities is not the intent of law and to permit both the authorities to act concurrently would result in confusion and distortion of the electoral rolls and impair the fairness of the elections.
28. It has already been pointed out that while annual revision under section 17 of the Electoral Rolls Act, 1974, is in progress of any objections/claims in respect of transfer of name from one electoral roll to another are required under section 1 of the Act to be filed before the Revising Authorities, if preferred before the final publication of the electoral rolls. On the other hand, if such objections/claims are filed after the final publication of the electoral rolls, the Registration Officer concerned will pass necessary orders under section 18 ibid. The powers of the Registration Officers under sections 11 and 18 are resorted to only after final publication of the electoral rolls. Any other interpretation will give rise to anomalous situations. Thus, while the Revising Authority is empowered under section 14 ibid to decide any . Claim/objection to the electoral rolls, in proceedings under section 18 the Registration Officer is authorised to enrol/correct the names thercin. Now, if the Revising Authority orders deletion of the name of a person from the rolls, but section 18 is concurrently operative, the Registration Officer will still be authorised to include the name of that person in the electoral roll. This clash of authority of the two officers is bound to produce deleterious results and vitiate the sanctity of the electoral rolls. Correctly updated and authentic electoral rolls being absolutely essential for holding free, fair and impartial general or local council elections, the operation of sections 17 and 18 concurrently is bound to affect the accuracy of the electoral roll and ultimately the fairness of the election. Similarly, the District Election Officers who are required to implement the, orders of the Registration Officers and the Revising Authorities will be at a loss to properly discharge their duties, arising out of two divergent orders being issued in respect of the same entry. It was for this reason that operation of sections 17 and 18 are meant to be operative at different times I D and it is for this reason that the heading of section 18 reads as "Enrolment and correction at a time other than the annual revision" and the said heading. Cannot be regarded as entirely without significance.
29. It was submitted before us that as a result of the impugned judgment with regard to concurrent operations under sections 17 and 18 of the Electoral Rolls Act, 1974, divergent orders were passed by the Revising Authorities and the Registration Officers in a large number of cases resulting in deep confusion and this we can indeed appreciate.
30. In short the submissions of the learned Deputy Attorney-General are that it is only after the final publication of the electoral rolls that the registration officers. Are empowered to include the name of any person in the electoral roll under section 18 or to transfer his name from one electoral roll to another under section 11 but these powers become inoperative while the process of annual revision of the electoral rolls is to be carried out under section 17 and becomes final.
31. This gives rise to the question as to what is the point of time when the electoral roll can be termed as "final" and how long does it remain as such?
32. A perusal of the provisions of the Electoral Rolls Act, 1974, along with the Electoral Rolls Rules, 1974 leads to the conclusion that the Roll can, after its publication under section 16 of the Act, be termed to be "final" and that it remains as such until the commencement of the next annual revision.
33. Obviously there has to be a time when the electoral roll must be scrutinised and under the Act that period is when the electoral roll is revised and corrected under section 17. It is during this period that the electoral roll is not final as it is under scrutiny. If the roll is deemed as final once it has been finally published under section 16, then the requirement to revise and correct it annually under section 17, a process carried out by the Revising Authority (and not by the Registration Officers) will hardly retain any significance. Similarly, the provisions of section 11 requiring objections/claims to be filed with the Revising Authority if preferred before the final publication of the roll and with the Registration Officer thereafter, will become superfluous, as on this view of the matter there will be no point of time at all when the electoral roll is not final.
34. The finding of the High Court that franchise is one of the most valuable rights in a citizen and that no one should be deprived of it at any stage is quite unexceptionable but the necessity for giving such finding does not arise in these cases. The Registration Officer while refusing the applications of the respondents did not do so on the ground that there was any bar to the enrolment or the transfer of their names from one electoral area to the other.
35. The only reason for not allowing them was that as these applications were submitted during the annual revision, they (namely Registration Officers) were not competent to entertain them but that it was only the Revising Authorities who could do so as they alone were competent, during this period, F to include/exclude/correct the names and entries in the electoral roll. No question of disenfranchising any of the voters arose in the circumstances.
36. The result is that these appeals must succeed and are, accordingly, accepted with the result that the impugned judgments of the High Court must be set aside. Since the respondents have not contested these appeals, there shall be no order as to costs.