Syed INAMULLAH vs Syed MUHAMMAD WASEEM S — 2025 PLD 160 QUETTA-HIGH-COURT-BALOCHISTAN

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Syed INAMULLAH VS Syed MUHAMMAD WASEEM S. 24(1)(c)---Elections act (XXXIII 2017), S. 39---Local Bodies Election---Seat of Councillor---Eligibility to contest the election---Determination---Disqualification of returned candidate on account of not being enrolled as voter in the electoral roll of the relevant Ward---application of concept of "Throw away Votes"---Scope---Election petition filed by the respondent was accepted declaring the appellant as disqualified to contest the election and his notification as returned candidate was set-aside while declaring the respondent as returned candidate---Contention of the appellant was that the Election Tribunal while deciding the matter had ignored the relevant record qua transfer of his vote and respondent could not be declared returned candidate as concept of "Throw away Vote" was not applicable in such matter---Validity---Voters list was published after announcement of election schedule, thus, under S. 39 of the Elections act, 2017, no revision, correction or transfer could have been made in the Electoral List--appellant was voter of Ward-a but in violation of S. 24(1)(c) of the Balochistan Local Government act, 2010, the appellant contested the election from Ward-B and as such the appellant was rightly disqualified by the Election Tribunal, thus, to the extent of disqualification of appellant, no interference was required by High Court---If the disqualification of a returned candidate was not notorious at the time of polling, the votes polled in favour of the successful candidate could not be thrown away by giving seat to the candidate with next highest number of votes---Nomination papers of the appellant were accepted by the Returning Officer without any objection, which proved that the voters were unaware of the disqualification of the appellant, thus, the rule of "Throw away Votes" could not be invoked by the Election Tribunal---Declaration of respondent as returned candidate was set aside and the election was declared void as a whole with a direction to Election Commission of Pakistan to hold fresh election in accordance with law---Election appeal was partially allowed, in circumstances.

Syed INAMULLAH vs Syed MUHAMMAD WASEEM S — 2025 PLD 160 QUETTA-HIGH-COURT-BALOCHISTAN

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