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1992 CLC 1005

GOHAR HAYAT NAS1R vs A.C. SAMUNDRI/REGISTRATION OFFICER, SAMUNDRI

Citation1992 CLC 1005
CourtLahore High Court
Case No.Writ Petition No,11376 of 1991
Date1991-12-07
Judge(s)Malik Muhammad Qayyum
ResultPetition dismissed

ORDER

' This order may he read in conjunction with my judgment in Writ Petition No,10882/91, dated 30th November, 1991. That writ petition was filed by the petitioner with the grievance that his name has been deleted from Ward No,3 of Municipal Committee, Samundri, without any justification. The ground urged by the learned counsel was that the petitioner had not been heard by the Revising Authority before passing the order. A statement was made by the Revising Authority on 30th November, 1991 that although no notice was served upon the petitioner but he had appeared before him and the order was passed in his presence. However, another contention which was raised by the learned counsel for the petitioner was that the petitioner, under section 7(2) of the Electoral Rolls Act, 1974, had a right to rake a choice as to in what electoral area, he shall remain a voter. It was DLerved while disposing of the writ petition that this appears to be a correct legal position, but the petitioner had failed to make any request in this behalf, and he may take appropriate measures to have himself registered in Ward No,3 and deletion of '.Is vote. From Ward No,12.

2. In the present petition, it has been stated that despite a request being made by the petitioner, he is not being enrolled as voter in Ward No,3.

3. The Assistant Registration Officer, who is present today, has produced before this Court an application dated 2nd November, 1991 in which a request has been made that the order of this Court dated 30th November, 1991 be implemented and the petitioner's vote be registered in Ward No,3. The date given in the application appears to be incorrect as it seeks the implementation of the order dated 30th November, 1991 and, therefore, it obviously had been filed subsequently. The record shows that this application was for the first time presented before Assistant Commissioner, Samundri, on 2nd December, 1991. It is not disputed by the learned counsel for the petitioner that the schedule of election to the Local Bodies was announced by the Election Authority on 1st December, 1991. According to section 18 of the Punjab Local Government Ordinance, 1991, no correction, alternation or addition in the electoral rolls can be made after the constituency has been called to elect its representative, A till such time the elections are actually held. That being so, the respondent is justified in not acting upon the application dated 2nd December, 1991, till such time the election to the Local Bodies have been held and result announced.

' The petition has no force and is dismssed in limine.

Cited by 1 case

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