ALI AHMED vs FEDERATION OF PAKISTAN through Secretary, Election Commission of Pakistan, Islamabad Ss

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

ALI AHMED VS FEDERATION OF PAKISTAN through Secretary, Election Commission of Pakistan, Islamabad Ss. 35(1)(c), 37(2)(a) & 39---Qualifications for contesting Election in Rural Area---Bar to transfer vote---Respondent "H.K.M" submitted his nomination papers to contest Local Council Elections for the seat of Member District Council (Rural) from two Union Councils which were rejected by the Returning Officer---Respondent filed Election appeal before the Appellate Authority/Appellate Tribunal, which was allowed---Held, that a person is qualified to be elected or chosen as a member of the Council if he is enrolled as a voter in the Electoral Rolls of the concerned Council or Ward---Person contesting for the District Council membership can contest the election from any Union Council of the District and the persons contesting for the membership of Town Committee or Municipal Committee can contest the election from any ward of the respective Committee provided that their proposers and seconders were registered voters of the concerned Union Council or Ward---Request of respondent for transfer of his vote was declined by the Returning Officer on the ground that same was not entertainable as such bar was created by S. 39 of the Elections Act, 2017----Admitted position was that the petitioner's intention was to contest for the membership of the District Council (Rural) but he was not the registered voter of any concerned Council of the said District Council---Section 35(1)(c) of the Act contained restrictions that a candidate could not stand on the reserved seat of District Council which was constituted purely for rural area of a District---Admitted position was that the respondent (H.K.M) was not a registered voter of the concerned Union Council (rural area) and, therefore, his nomination was rejected by the returning officer on the said ground---Nomination could be rejected, there could not be any objector before the Returning Officer; nor any appeal could have been filed by anyone except respondent (H.K.M)---Only after passing of the order by the Appellate Tribunal anyone including the petitioners could have been aggrieved---Petitioners were the candidate on the seat of Member District Council (G), therefore, they could maintain their petitions---Respondent (H.K.M) had made an attempt to contest election in a Union Council of a Town where his vote was not registered---Therefore, respondent stood disqualified for the entire District Council concerned irrespective of any objections to that effect---Respondent was not entitled to contest election for rural seats in a District Council being voter of urban area where his vote was registered whether rightly or wrongly---Constitutional petitions were allowed by setting-aside the order of the Appellate Tribunal, consequently, the nomination of respondent from Union Council stood rejected.

ALI AHMED vs FEDERATION OF PAKISTAN through Secretary, Election Commission of Pakistan, Islamabad Ss — 2023 MLD 258 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2023 MLD