IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Constitution Petition No.D–579of 2022

 

Before:                 

                                                                   Justice Nadeem Akhtar

                                                                   Justice Zafar Ahmed Rajput 

 

Petitioner            :         Bangul Khan s/o Sardar Ghulam Muhammad Khan Mahar, through Mr. Sarfraz A. Akhund, Advocate

 

Respondent         :         Election Commission of Pakistan and 3

No.1 to 4                       others, through Mr. Zeeshan Haider Qureshi, Law Officer, ECP

 

Respondent         :         Province of Sindh, through Secretary Local No.5                              Govt. Sindh, through Mr. Zulfiqar Ali

Naich, Assistant Advocate General

 

Respondent         :         Federation of Pakistan, through its

No.6                               Secretary Law & Justice, Mr. Mumtaz A.

Gopang, Assistant Attorney General

 

Date of Hearing   :         23.06.2022

Date of Order       :         23.06.2022

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                                                ORDER

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ZAFAR AHMED RAJPUT, J.–  The instant petition has been filed by the petitioner above namedfor the following relief(s):

“a)     That, this Honourable Court may be pleased to direct Election Commission of Pakistan to decide the application of the petitioner in respect of his transfer of vote from Union Council Khan Garh to Union Council Kandlo, as per his application pending since 17.11.2021, and fresh CNIC issued by NADRA, according to Form XII receipt Annexed at Page: 

 

b)       That, this Honourable Court may be pleased to direct the respondents, to transfer/shift the name of the petitioner from the voter list/electoral area, of village Khan Garh to Union Council Kandlo, according to his fresh CNIC issued by the NADRA, as he has got temporary residence in the electoral area of village Sardar Garh, Union Council Kandlo, Mahar Muhalla, Deh Kandlo, Taluka Khan Garh, District Ghotki.

 

c)       That, this Honourable Court may be pleased to direct the respondents to cancel/delete the registration of vote of the petitioner at Sr. No. 02 in the Electoral Block Code 329030508, in the Electoral Area of Village Khan Garh Taluka Khan Garh District Ghotki and transfer the same to Union Council Kandlo, Taluka Khan Garh District Ghotki.

d)       That, this Honourable Court may be pleased to direct the respondents to issue him nomination form from Union Council Kandlo and they may further be restrained to publish the final list of contesting candidates from the same Union Council, till the final disposal of his petition or
till his name is not included as per his application to Union Council Kandlo, as the similar has been done through C.P No. D-499 of 2022 and C.P No.D-483 of 2022.

 

2.      It is alleged that the petitioner is the resident of Deh Kandlo, Taluka Khan Garh, District Ghotki. He is listed in the voter list of the Electoral Area under Census Block Code No. 329030508, Ward No.1 of Town Committee Khan Garh. It is further alleged that in petitioner’s previous CNIC, his temporary residence was mentioned as Village Khan Garh, Union Council Khan Garh; hence, in order to transfer his vote from said present Electoral Area i.e. Town Committee Khan Garh to Electoral Area of Deh Kandlo, Taluka Khan Garh, he on 17.11.2021 applied to respondent No.1 (Election Commission of Pakistan) in Form-13, duly prescribed under Rule 27(1) of the Election Rules, 2017 framed in pursuance of Section 239 of the Election Act, 2017. It is case of the petitioner that after waiting for about six months when the existing Electoral List of 2022 was published, he was surprised to see his name at the same place where it was prior to his request for transfer of his vote. It is further the case of the petitioner that he wanted to contest in the Local Bodies Election, 2022 but as he was not issued nomination form from Deh Kandlo for the post of Member District Council, he is unable to contest forthcoming Local Bodies Election for the aforesaid seat, hence, he has seriously prejudiced by the act of official respondents, who are duty bound to dispose of his application within reasonable time as provided under section 24 of the General Clauses Act, therefore, instant petition has been preferred by him.

 

3.      Heard record perused.

 

4.      It appears from perusal of the record that vide order, dated 20.05.2022, this Court directed to respondent No.2 (District Election Commissioner/Registration Officer, Ghotki) to decide the application of the petitioner already filed before him in accordance with the applicable laws and rules within a period of two days from the date of order. In compliance of aforesaid order, the Law Officer E.C.P. has submitted through Statement, dated 01.06.2022, the copy of the order, dated 27.05.2022, passed by the respondent No.2, which reflects that the application in Form-13, dated 17.11.2021, was not received to his office. We have perused the alleged receipt of Form-13; admittedly, it does not bear signature and stamp of the respondent No.2. The petitioner has not filed any affidavit to rebut the denial of the respondent No.2 of receiving any application in Form-13 from the petitioner. Even otherwise, the claim of the petitioner of submitting said application for transfer of his vote in Form-13 and denial of the respondent No.2 of receiving such application is a disputed fact, which cannot be resolved by this Court in its Constitutional jurisdiction as the same requires recording of pro and contra evidence of the parties, which is out of domain of this Court; hence, this petition, being not maintainable in law, is dismissed accordingly, along with pending application.

 

5.      Above are the reasons of our short order, dated 23.06.2022. 

 

 

JUDGE

 

JUDGE

Faisal Mumtaz/PS