1. ' MUHAMMAD ROSHAN ESSANI, J.--- The petitioner above-named through this Constitutional petition has sought following reliefs:
(i) Declaration that the entry in hand at Serial No,566 in the electoral roll of Latifabad U.C. 2 having been made and the orders, dated 22-7-2001 and 25-7-2001 having been passed by the respondents Nos.4 and 3 respectively are without lawful authority and of no legal effect.
(ii) That mandatory injunction directing the respondents Nos.3 and 4 to reject the nomination form of respondent No,2 and interim injunction restraining the respondents Nos.1 and 2 from contesting the election for the seat of Nazim and Naib-Nazim for Zila Council, District Hyderabad may be issued.
(iii) Any other relief this Honourable Court deems fit may be granted.
(iv) Costs of the petition be borne by the respondents.
2. ' The brief facts of the case as narrated by the petitioner are that he is resident of village Kirir Khan Solangi, Deh Mirzapur, Taluka Qassimabad, Hyderabad. His name appears in the electoral roll of Deh Mirzapur Union Council, Qassimabad,.Hyderabad. The respondent No,2 namely Nawab Rashid Ali Khan is permanent resident of Bungalow No,35, Civil Line, Hyderabad. He, his wife and mother were enrolled as voters in the electoral roll of Cantonment Hyderabad. The respondents Nos.1 and 2 filed their nomination forms for the seat of 'Nazim and NaibNazim for Zila Council, Hyderabad. The petitioner filed objections against the nomination of respondent No,2. He filed two final electoral rolls of Latifabad U.C. No,2. The District Returning Officer entertained the objections and passed the order dated 21-7-2001 with the consent of Advocates, directing the respondent No,6, the Assistant Election Commissioner to answer the following questions:--- "That when the name of Nawab Rashid Ali at Serial No,566 and under whose authority this entry was made and whether this copy of electoral list from Serial Nos.553 to 566 is genuine and with direction to supply complete Electoral List of U.C. 2, Latifabad and whether this entry was made on the request of candidate Nawab Rashid Ali Khan."
3. ' The respondent No,6 sent his reply which is placed on record. The contents thereof are reproduced hereinbelow in extenso:Confidential Office of the Assistant Election Commissioner, Hyderabad (Field).
4. Sessions Court Building, Thandi Sarak, Hyderabad.
5. No, F.5(1)/2001/A.E.C./(H)Hyd., dated 21-7-2001.
6. To Qazi Allah Bakhsh, 6th Additional District and Sessions Judge/ Returning Officer, Zila Council, District Hyderabad.
7. ' SUBJECT: Verification of Enrolment as Voter. Sir, ' I have the honour to refer your Office Letter No,VI./ADSJ/R.O/HYD, dated 21-7-2001. The name of Nawab Rashid Ali Khan at Serial No, 5661 Block-103230401, Union Council No,2, Latifabad is verified for your kind information and record. Your obedient servant, (Sd.)
8. (Waseem Ahmed Jafri), Assistant Election Commissioner, Hyderabad."
9. ' The respondent No,4 on 22-7-2001 accepted the nomination form of respondent No,2. The petitioner challenged the said order in appeal before the District Returning Officer/District and Sessions Judge/Appellate Authority, Hyderabad. The said appeal was dismissed by the Appellate Authority vide order, dated 25-7-2001. The petitioner has challenged the above said two orders by this petition.
10. ' The respondent No,2 has filed his counter-affidavit wherein he has stated that the contents of Constitution petition are misconceived, irrelevant and are not based on correct statement of facts. It is denied that the respondent No,2 or his wife were voters in the electoral roll of Cantonment, nor they exercised their vote in the cantonment area. The Bungalow No,35, Civil Lines does not belong to them. It is further stated that when respondent No,2 came to know about the entering of their names in the electoral roll of Cantonment area he made an application supported by his affidavit on 7-7-2001 seeking the deletion of their names from the electoral roll of Cantonment, Hyderabad and entered the same at Latifabad. After due verification it was allowed by the Deputy Election Commissioner, Hyderabad Division. The Deputy Election Commissioner, Hyderabad passed two orders to that effect on 7.7-2001; the said orders are also reproduced below for ready reference: Shahbaz Building Block "A", Ground Floor, Thandi Sarak, Hyderabad, the 7th July, 2001.
11. ' Read application of Mr. Rashid Ali Khan son of (late) Nawab Muzafar Hussain Khan, resident of Bungalow No,15, Block B, Unit No,2, Latifabad.
12. ' In exercise of the powers delegated to me vide Chief Election Commissioner of Pakistan, Islamabad's Notification No,F.14(6)/2000-ELECPEC(5), dated 20-12-2001. I Sono Khan Baloch, Deputy Election Commissioner, Hyderabad Division and Registration Officer for Hyderabad Municipal Corporation and Hyderabad Cantonment after satisfying myself hereby order to delete the names of above applicant and his wife from the relevant electoral roll, as under:--- S.No. Name Father's/ husband's nameAge as on 1- 1-2000N.I.C. No. Address
1. Nawab Rashid Ali KhanNawab Muzafar44 years 450-88- 104269B.No,35 Civil Line, Hyderabad Hussain Khan
2. Salida RashidWife of Nawab Rashid Ali Khan43 years 450-86- 235339 (Sd.) 7-7-2001.
13. (Sono Khan Baloch), Deputy Election Commissioner. Hyderabad Division and Registration Officer, Municipal Corporation and Hyderabad Cantt.
14. Hyderabad, the 7-7-2001.
15. ' Read application of Mr. Nawab Rashid Ali Khan son of (late) Nawab Muzaffar Hussain Khan, resident of Bungalow No,15, Block 'B', Unit No,2, Latifabad, Hyderabad.
16. ' In exercise of the powers delegated to me vide Chief Election Commissioner of Pakistan, Islamabad's Notification No,F.14(6)/2000-ELECPEC(S), dated 20-12-2000. I Sono Khan Baloch, Deputy Election Commissioner, Hyderabad Division and Registration Officer for Hyderabad, Municipal Corporation, after satisfying myself, hereby order to enter the name of above applicant in the relevant electoral roll, as under:--- S.No. Name Father's/ husband's nameAge as on 1- 1-2000N.I.C. No. Address
1. Nawab Rashid Ali KhanNawab Muzafar Hussain Khan44 years 450-88- 104269B.No,35 Civil Line, Hyderabad
2. Sajida RashidWife of Nawab Rashid Ali Khan43 years 450-86- 235339-do- (Sd.) /-7-2001.
17. (Sono Khan Baloch), Deputy Election Commissioner, Hyderabad Division.
18. ' In compliance to the abovesaid order the names of the respondent No,2 and his wife were deleted from electoral roll of cantonment and were entered in the electoral roll of Latifabad U.C. No,
2. The impugned orders passed by the respondent No,3 are just and legal.
19. ' The learned Additional Advocate-General, Sindh has filed statement alongwith relevant documents. The order, dated 28-6-2001 of Assistant Election Commissioner, Sindh, Karachi addressed to Deputy Election Commissioners, Larkana, Sukkur, Hyderabad and Mirpurkhas and Assistant Election Commissioner of same division has been placed on record in respect of additions, deletions and corrections of the names in the voters' list. The said order is reproduced in extenso as under:- ' No, E. 14(43)/2000-ELEC-PEC(S) OFFICE OF THE PROVINCIAL ELECTION COMMISSIONER, SINDH ' Pakistan Sectt. Block No,44-A, Shahrah-e-Iraq, Karachi, the 28th June, 2001.
20. To
(1) The Deputy Election Commissioner, Larkana/Sukkur/ Hyderabad/Mirpurkhas.
(2) The Assistant Election Commissioner in Larkana/Sukkur/ Hyderabad/Mirpurkhas Divisions.
21. ' SUBJECT: Additions, Deletions and Corrections in names in the Voters' List.
22. Sir, ' I am directed to forward herewith a copy of the Election Commission of Pakistan, Islamabad's Order No,F.11(22).2000(Cor (sic)), dated the 28th May, 2001 on the subject cited above for information and necessary action please. Your obedient servant, (Sd.) (Atta Rehman), Assistant Election Commissioner, (Sindh), Karachi.
23. ' The learned Additional Advocate-General, Sindh has supported the impugned order and has further argued that Election Commission of Pakistan has issued Notification in respect of the Elections of Zila (District) Council. The said letter is reproduced hereinbelow in extenso:-- Election House Constitution Avenue G-5/2, Islamabad.
24. July 20, 2001.
(1) The Provincial Election Commissioner, Punjab, Lahore.
(2) The Provincial Election Commissioner, Sindh, Karachi.
(3) The Provincial Election Commissioner, N.-W.,F.P., Peshawar.
(4) The Provincial Election Commissioner, Balochistan, Quetta.
25. ' SUBJECT: Zila Council Elections 'In exercise of the powers conferred upon him under Article 2 of the Local Government Elections, Order 2000 (Order No,8 of A 2000) and all powers enabling him in that behalf, the Honourable Chief Election Commissioner has directed to clarify that local area under section 3 of the BNPS Local Government Elections Ordinance, 2000 for the purposes of elections of Zila (District) Councils is entire District (including cantonment areas). The eligibility of a person to contest the abovesaid elections will be determined accordingly under section 14(1)(c) (ibid).
26. (Sd.) (Hassan Muhammad), Director, General (LBE).
27. ' The plain reading of this notification shows that Chief Election Commissioner has clarified that the local area under section 3 of BNPS Local Government Elections Ordinance, 2000 for the purpose of elections of Zila (District) Council is for entire District including Cantonment areas. The eligibility of a person to contest the elections of Zila Council will be determined accordingly under section 14(1)
28. (c).
29. ' Mr. Abdul Sattar Kazi appearing for the respondent No,2 assisted by Mr. Allah Bachayo Soomro and learned standing counsel appearing on behalf of Dy.A.-G. Have adopted the arguments of learned Additional Advocate-General 'The perusal of record shows that the petitioner has challenged the entry of names of respondent No,2 and his wife in electoral roll o Latifab'ad on the basis that their names were appearing in the electoral roll of Cantonment area. The main thrust of the petitioner is that the authenticity of entry made in hand at Serial No,566 in electoral roll was untenable and illegal. The electoral roll of Latifabad contained only 562 serial nu mbers of votes and, therefore, the Returning Officer made reference ,to the respondent No,6 on 21-7-2001 for its clarification. The clarification letter sent to him was vague; false and frivolous. The subsequent entry in Latifabad U.C. No,2 is challenged. The two orders passed by Deputy Election Commissioner, Hyderabad Division on 7-7-2001 have not been challenged by the petitioner. The petitioner ha also not challenged the vires of letter, dated 20th July, 2001 issued by th Assistant Election Commissioner, Karachi under the directives of Honourable Chief Election Commissioner of Pakistan, wherein the B eligibility of a person to contest the Zila Council election will be determined according to the said letter as envisaged under section 14(1)
30. (c). It appears that the petitioner has not challenged the said order but he has only filed - Constitution petition against the two orders passed by Returning Officer and District Returning Officer. The orders passed by the two Courts below do not suffer from any illegality or infirmity and need no interference.
31. ' Consequently the Constitution petition merits no consideration and is dismissed with no order as to costs alongwith the listed application.