1. MUHAMMAD ROSHAN ESSANI, J.--- The petitioner above named through this Constitutional Petition has sought following relief:
(i) Declaration that the entry in hand at Sr. No. 566 in the electoral roll of Latifabad U.C. 2 having been made and the orders dated 223.2001 and 25.7.2001 having been passed by the respondent Nos.4 and 3 respectively without lawful authoritykare of no legal effect. ;ii) That mandatory injunction directing the respondents 3 and 4 to reject the nomination form of respondent 2 and interim injunction restraining the respondents 1 and 2 from contesting the election for the seat of Nazim and Naib Nazim for Zila Council, District Hyderabad may be issued.
2. (i.e) Any other relief this Honourable Court' deems fit may be granted.
(iv) Costs of the competition 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 All Khan is permanent resident of Bungalow No. 35 Civil Line Hyderabad. He, his were and mother were enrolled as votes in the electoral roll of cantonment Hyderabad. The respondents Nos. 1 and 2 filed their nomination forms for the seat of Nazim and Naib Nazim for Zila Council Hyderabad. The petitioner filed objections against the nomination of respondent No. 2. He filed 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 Sr. No. 566 and under whose authority this entry was made and whether this copy of electoral list from Sr. No. 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 re- produced herein below in extenso:- CONFIDENTIAL.
4. OFFICE OF THE ASSISTANT ELECTION COMMISSIONER HYDERABAD. (FIELD)
5. Sessions Court Building Thandi Sarak Hyderabad.
6. No. F.5(1)/2001/A.E.C./(H) Hyd. Dated: 21.7.2001 To, Qazi Allah Bakhsh, 6th Additional District and Sessions Judge/ Returning Officer, Zila Council, District Hyderabad.
7. Subject: VERIFICATION OF ENROLEMENT AS VOTER. Sir, Your obedient Servant, Sd/- (Waseem Ahmed Jafri)
8. 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 abovesaid two orders by this petition.
3. 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.
10. It is denied that the respondent No. 2 or his were 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 election 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 re-produced below for ready reference:- Shahbaz Building Block "A" Ground Floor, Thandi Sark, Hyderabad the 7th July, 2001.
11. Sr. No. Name Fathers/ Husbands Name.Age as on 01.01.00.NIC No. Address 1 Nawab Rashid Ali KhanNawab Muzaffar Hussain Khan44Years 450-88- 104269B.No.35 Civil Line Hyd.
12. 2 Sajida Rashidw/o Nawab Rashid Ali43Years 450-86- 235339 Sd/-7.7.01.
13. (SONO KHAN BALOCH)
14. DEPUTY ELECTION COMMISSIONER HYDERABAD DIVISION AND REGISTRA TION OFFICER MUNICIP AL CORPORA TION AND HYDERABAD CANTT .
15. Hyderabad the 7.7.2001. <p.1><p.m></p.m></p.1> Read application of Mr. Nawab.Rashid All Khan s/o (late) Nawab Muzafar Hussain Khan no Bungalow No. 15 Block B Unit No. 2 Latifabad Hyderabad.
16. Sr. No. Name FathersName.Age as on 01.01.00.NIC No. Address 1 Nawab Rashid Ali KhanNawab Muzaffar Hussain Khan44Years 450-88- 104269B.No.35 Civil Line Hyd.
17. 2 Sajida Rashidw/o Nawab Rashid Ali43Years 450-86- 235339Do-- Sd/-7.7.01.
18. (SONO KHAN BALOCH)
19. DEPUTY ELECTION COMMISSIONER HYDERABAD DIVISION.
4. The learned Additional AG 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 voter 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.
20. Pakistan Sectt: Block No. 44-A Shahrah-e-lraq. Karachi, the 28th June, 2001.
1. The Deputy Election Commissioner, Larkana/Sukkur/Hyderabad/Mirpurkhas.
2. The Assistant Election Commissioner in Larkana/Sukkur/Hyderabad/Mirpurkhas Divisions.
21. Subject: ADDITIONAL, DELETIUONS AND CORRECTIONS IN NAMES IN THE VOTERS LIST.
22. Sir, Your obedient servant, Sd/- (Atta Rahman)
23. Assistant Election Commissioner, (Sindh) Karachi."
24. The learned Additional AG 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)
25. Council. The said letter is re-produced herein below in extenso:- Election House Constitution Avenue G-5/2 ISLAMABAD July 20, 2001.
(1) The Provincial Election Commissioner, Punjab, Lahore
(2) The Provincial Election Commissioner, Sindh, Karachi.
(3) The Provincial Election Commissioner, NWFP, Peshawar.
(4) The Provincial Election Commissioner, Baluchistan, Quetta.
26. Subject: ZILA COUNCIL ELECTIONS.
27. Sd/- (Hassan Muhammad) Director General (LBE)".
28. The plain reading of this notification shows that Chief Election Commissioner has clarified that the local area under Section (3) of BNPS Local Government Election 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)
29. (c).
5. Mr. Abdul Sattar Kazi appearing for the respondent No. 2 assisted by Mr. Allah Bachayo Soomro and learned standing counsel appearing on behalf of DAG have adopted the arguments of learned Additional A.-G.
6. The perusal for record shows that the petitioner has challenged the entry of names of respondent No. 2 and his were in electoral roll of Latifabad 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 Sr. No. 566 in electoral roll was untenable and illegal. The electoral roll of Latifabad contained only 562 serial numbers 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.
30. 4 The petitioner has also not challenged the vires of letter dated 20th July, 2001 issued by the Assistant Election Commissioner Karachi under the directives of Honourable Chief Election Commissioner of Pakistan, wherein the eligibility of a person to contest the Zila Council election will be determined according to the said letter as envisaged under Section 14(1)(c). It appears that the petitioner h as not challenged the said order but he has only field Constitution petition against the two orders passed by Returning Officer and District Returning Officer. The orders passed by the two Courts below does 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.