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Petitioner: Mian ZIAUDDIN VS Respondent: PUNJAB LOCAL. GOVERNMENT And Other
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, M. S. H. Qureshi Title: Mian ZIAUDDIN vs PUNJAB LOCAL. GOVERNMENT And Other Case No.: Civil Petition No. 580 of 1984 Petition No. 1559 of 1984 Date of Judgment:1984-06-12 Reported As: 1985 SCMR 117 Result: Leave granted
Judgment ORDER M. S. H. QURAISHI, J.--This petition arises out of an election dispute which was decided against the petitioner by the Election Tribunal which dismissed his election petition on 28-3-1984 and against which dismissal his writ petition before the High Court also failed on 16-4-1984. 2. Learned counsel assails the view taken by the High Court that the Presiding Officer "if he is otherwise satisfied about the identity of the voter he may not require production of national identity card and may issue him a ballot-paper", on the ground that the same is without taking into consideration the amended provision of rule 34(1) of the Punjab Local Councils (Election) Rules, 1979. This rule amended by notification, dated 20-9-1983 reads: "Where a voter presents himself at the polling station to vote, the Presiding Officer shall require him to produce his Identity Card issued to him under the National Registration Act, 1973, and on such production, issue to him a ballot-paper." 3. The point requires consideration. Leave is accordingly granted. Security Rs. 1,000. There shall be no stay but the appeal shall be heard after the vacations.