Pakistan Case Law← Search
PLD 1977 Lahore 926

M. D. TAHIR, ADVOCATE vs CHIEF ELECTION COMMISSIONER, ISLAMABAD AND 2

CitationPLD 1977 Lahore 926
CourtLahore High Court
Case No.Writ Petition No. 73 of 1977
Date1977-01-17
Judge(s)Karam Elahi Chauhan
ResultPetition dismissed

ORDER

1. ' This is an application by the M. D. Tahir Advocate personally for inclusion of his name in the National Assembly Constituency NA-83, Lahore, which has been called by the petitioner as Helga Karim Park. Apart from the fact that the public announcements of the preparation of the electoral rolls were made from time to time and they were open for scrutiny and inspection by persons aggrieved or concerned and apart from the fact that petitioner took no steps to inspect these rolls or get his name included therein within time, the petitioner for the first time filed an application on 12-1-1977 submitting that his name has been omitted in the electoral roll, therefore, the same may be included therein. This application has been returned to the petitioner with an endorsement which reads as follows:- "Returned in original with the remarks that under section 20 of the Electoral Rolls Act, 1974, no addition or correction can be made in the electoral rolls for purpose of N. A. Election after the 10th of January, 1977, consequent upon the issue of notification ealliag upon electors to elect representatives to the N. A till the results of election have been declared.

2. (Sd.) Inayatullah Provincial Election Commissioner,"

3. ' The petitioner has challenged the aforesaid order and has submitted that section 20 of the Electoral Rolls Act, 1974 (Act XXI of 1974) had no application to the facts and circumstances of his ease. The said section is headed as, "no correction to be made after constituency called upon to elect," and states that "No revision or correction of any electoral roll for an electoral area shall he 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." It is admitted that by means of a notification, dated 10-1-1977 the electors have been called upon to elect representatives to the National Assembly. According to the terms of section 20, after the issuance of this notification, no correction in the electoral roll can be made. The Provincial Election Commissioner, therefore, was justified in not acceding to the request of the petitioner at this late stage. When confronted with this situation, the petitioner referred to section 27 of the Act, s hich is headed as, "Commissioner's power to include a name in an electoral roll." And states "Subject to section 20 the Commissioner may, at any time order-

(a) the inclusion in an electoral roll of the name of any person entitled to be enrolled on such electoral roll, and such name shall, from the date of such order, form part of the electoral roll;

(b) the exclusion from an electoral roll of the name of any person who has died or has become disqualified to be a voter, and such name shall, from the date of such order, stand excluded from that roll; and

(c) the removal of the name of any person from an electoral roll where such removal becomes necessary due to the repetition of the name in the same electoral roll or in the electoral rolls of more than one electoral area."

4. ' Learned counsel submitted that correction of an electoral roll was different from the inclusion of the name of a person in an electoral roll. He further argued that correction of electoral roll was also different from adding a name which had earlier been omitted in the electoral roll. I am afraid I cannot accept this plea. The word "correction" is very wide and cannot be confined to merely one type of correction. Correction may be by way of adding the name of a person whose name had earlier been omitted; by deleting the name of the person who may be dead or whose name has been wrongly added or by making certain other similar changes, alterations and modifications etc. It is further to be noticed that section 27 starts with the sentence, "subject to section 20", which means that the powers contained in section 27 are subordinate to the provisions of section 20 and cannot he exercised in a situation where section 20 is operative. In the instant case the operation of section 20 has been started inasmu ch as the electors have been called upon to elect their representatives and the terminus quo for getting the correction has come to an end. The view taken by the Provincial Election Commissioner is quite in consonance with law on the subject and calls for no interference. When confronted with this situation learned counsel referred to an item of news published in the daily 'Pakistan Times', Lahore dated 3-1-1977 page 1 column 4 and 5 wherein it was written that "the C. E. C. Announced that whereas the revision of the electoral roll was now finally over the enrolment process would continue and qualified voters could still get themselves enrolled. He said the staff of the Commission had really made a strenous effort in registering about 50 per cent. Of the population as voters". This has no relevancy because notification calling electorates to elect their representatives was issued on 10-1-1977 whereas the news item is of a date much prior thereto. Generally speaking news in newspapers are not relevant for interpreting a statute but if at all any reference to news was to be made then the petitioner would have been well advised to see the latest newspaper Pakistan Times, Lahore dated 18-1-1977 i.e. Of today (back page 10 column 7) which reads as follows.

5. "NO CHANGE IN ELECTORAL ROLLS NOW Islamabad, January 17.

6. The Pakistan Election Commission yesterday clarified that no revision or correction of any entry in the electoral rolls is now possible under section 20 of the Electoral Rolls Act, 1974 during the pendency of the general elections.

7. ' The members of public are informed that the powers available with the registration officers and Chief Election Commissioner to order inclusion of fresh names or to order their correction have ceased with the issue of notifications respectively on January 10 and 13, calling neon the electors of the National and the Provincial Assemblies constituencies to elect their representatives. As such no applications for inclusion of names in the electoral rolls shall be entertained by the Chief Election Commissioner or by the registration officers till the present general elections are over.

8. This clarification is being issued in view of the requests being made to the Chief Election Commissioner and the Provincial Election Commissioners from various members of public seeking corrections or fresh enrolment in the electoral rolls."

9. ' The result is that this writ petition has no merit and is dismissed in limine.

Cited by 2 cases

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