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Petitioner: FAIZ AHMAD VS Respondent: REGISTER OFFICERHonorable Justice Javid IqbalS.M. Nazim
1988 M L D 713
1988 M L D 713
[Lahore]
Before David lqbal, CJ and Abdul Waheed, J
FAIZ AHMAD‑‑Petitioner
versus
REGISTER OFFICER and others‑‑Respondents
Writ Petition No. 3822 o r decided on 15th November, 1983.
Election‑‑ ‑‑‑Prayer of petitioner that deletion of his name from list of voters and rejection of his nomination paper be declared as without lawful authority and that petitioner continued to be a voter and directions be issued for allotting him a symbol alongwith other contesting candidates for ward concerned‑‑Elections having already taken place, writ petition, held, became infructuous‑‑Question that name of petitioner was clandestinely and without assigning any reason deleted from electoral roll, held further, could be raised before appropriate forum for consideration on merits and disposal in accordance with law.
S.M. Nazim for Petitioner.
JUDGMENT
JAVID IQBAL C. J--The position in this case is that on 14‑9‑1983 this writ petition was admitted hearing on contention of learned counsel for the petitioner to the effect that the name of the petitioner had been unlawfully deleted from the list of voters and that his nomination papers had been rejected on that short ground. The admitting note states that from a perusal of the record, the contention of learned counsel for the petitioner appeared prima facie correct. Consequently notice was issued and a direction was given to the Returning Officer to consider the nomination papers of the petitioner on merit after notice to the respondent and pass an order in accordance with law. It was further directed that order would be subject to the final decision of this writ petition. Thereafter, since this case related to Bahawalpur Division, it was sent there. In the meantime, in compliance with the order dated 14‑9‑1983, of the Division Bench, the Assistant Commissioner/Returning Officer Ahmadpur East considered nomination papers of the petitioner on merit after due notice to the respondent and passed an order dated 21‑9‑1983 to the effect that as Returning Officer he was neither competent under law to enter/register the name of the petitioner in the electoral rolls, nor could he state that he was a voter of village Qadirpur. It was on this basis that he stated that there was no reason to reverse his earlier order by which the nomination papers of the petitioner were rejected. Thereafter, the matter was placed before a D.B. consisting of Mr. Justice Muhammad Ilyas and Mr. Justice Muhammad Munir Khan at Bahawalpur which passed an order dated 24‑9‑1983 to the effect that the order of the D.B. at Lahore, while admitting the petition to a regular hearing, needed to be construed. Thereafter, earned counsel for the petitioner made a request for adjournment of the case so that it could be placed before the same Division Bench at the Principal Seat which had granted the temporary relief. In the meantime, the elections had been held and because of the disqualification the petitioner could not participate in the said elections. The prayer in the present writ petition of the petitioner was that the order passed by the respondents rejecting the nomination papers of the petitioner be declared as without lawful authority and illegal and that it be further declared that the petitioner continued to be a voter at serial No. 212 of village Qadirpur, Ward No. 8, and that his nomination papers were unlawfully rejected and that he was a validly nominated candidate for contesting elections from Ward No.8, village Qadirpur. It was also prayed that a direction be issued so that the petitioner be allotted a symbol alongwith his other contesting candidates for the said Ward. As it has already been pointed out the elections have already been held and in the light of that fact the present writ petition has become infructuous. It is, therefore, disposed of as having become infructuous. At this stage learned counsel for petitioner submits that the name of the petitioner was entered in the electoral rolls of village Qadirpur at serial No. 212. His name had since been deleted clandestinely and without assigning any reason, and that, therefore, the relevant authority or tribunal should be directed to include the name of the petitioner in the electoral rolls of village Oadirpur, Ward No. 8, at serial No. 212, and that it should be restored. We are afraid, we cannot grant this prayer of learned counsel. If he has any such grievance, he should move a petition to that effect before the appropriate forum which would naturally consider it on merits and dispose it of in accordance with law. M.Y.H./2918/L
Order accordingly.