Table of Contents:
- Introduction
- Relief Sought
- Key Facts
- Court’s Observations
- 4.1 Statutory Mechanism
- 4.2 Compliance with Section 39
- 4.3 Lack of Diligence
- Legal Precedents
- Court’s Decision
- Key Legal Principle
1. Introduction:
This writ petition was filed under Article 199 of the Constitution of Pakistan, 1973. The petitioners challenged the transfer of their votes to different electoral areas without notice.
2. Relief Sought:
The petitioners requested the court to direct respondents to include their names in the voter list of Village Council No.21, Kuza Banda, Battagram. They also sought any other relief deemed appropriate by the court.
3. Key Facts:
- The petitioners were listed in the electoral rolls for 2012 and 2018 in Village Council No.21.
- Respondents transferred their votes to other Census Blocks without notice or consent.
- Petitioners attempted to rectify this issue by approaching the respondents but were unsuccessful.
4. Court’s Observations:
4.1 Statutory Mechanism:
The court emphasized that the Elections Act, 2017, Chapter IV, provides a comprehensive procedure for preparing and revising electoral rolls.
4.2 Compliance with Section 39:
Section 39 of the Elections Act, 2017, prohibits any revision or correction to electoral rolls within 30 days before an election. Petitioners did not adhere to this statutory timeline.
4.3 Lack of Diligence:
The court noted that petitioners failed to approach the Revising Authority or Registration Officer during the designated period. They acted only after the election schedule was announced.
5. Legal Precedents:
- Amanat Ali Khan Jadoon v. Election Commission of Pakistan: Defined the detailed mechanism for revising electoral rolls.
- Yousaf Ali v. Election Commission of Pakistan (2016 MLD 1881): Held that petitioners cannot invoke constitutional jurisdiction after missing statutory deadlines.
6. Court’s Decision:
The petition was dismissed. The court ruled that the petitioners failed to follow the statutory procedure and did not act within the prescribed time.
7. Key Legal Principle:
Failure to exercise rights within statutory timelines bars relief through constitutional petitions.