Sharafat Ali And Another vs D.R.O, And Other
The petitioners sought leave to appeal against the judgment dated 8th August, 2005, regarding the disqualification of petitioner No. 1 from contesting local government elections from Union Council No. 59 Haft Maddu due to the absence of his name in the electoral rolls for that specific constituency, despite his name appearing in the electoral rolls of 2002 for general elections and local council rolls of another union council. The core legal question concerned eligibility to contest local body elections when a candidate's name is listed in general electoral rolls but missing from the local council rolls of the contested constituency. The Supreme Court granted leave to appeal, following an identical pending case, and allowed the petitioner to contest the election pending the final decision, directing the Returning Officer to include his name in the list of contesting candidates. The key principle established is that interim relief permitting participation in ongoing local body elections may be granted pending adjudication of electoral roll discrepancies.
- Whether a candidate whose name appears in the general electoral rolls can be disqualified from contesting local council elections solely due to the absence of their name from the local council electoral rolls of a specific constituency?
- Can leave to appeal be granted in an election matter when an identical question is already pending before the court?
- Is a petitioner entitled to interim relief to participate in an election pending the final decision of the appeal?
IFTIKHAR MUHAMMAD CHAUDHRY, C.J.- The petitioners seek leave to appeal against the judgment dated 8th August, 2005.
2. Precisely stating facts of the case are that the name of petitioner No. 1, Sharafat Ali is included in the electoral rolls of 2002 for the general election whereas he is contesting election from U.C. 59 Haft Maddu and his name fs not incorporated in the electoral rolls of 2000-2001, prepared for the Local Council Elections. Although, his name finds mentioned in the electoral rolls meant for Local Councils Elections in U.C. No. 54. He has been non-suited to contest the election solely for the reasons that his name is not available in the list of electoral roll meant for election of local bodies of U.C. No. 59.
3. To examine the identical question we have already granted leave to appeal in C.P. 1543-L/2005, therefore leave to appeal is also granted in this petition.
4. Pending decision of appeal arising out of this petition, he is allowed to contest election. Returning Officer of U.C. 59 Haft Maddu is directed to include the name of the petitioner in the list of contesting candidates for the election of the office of Nazim and Naib Nazim. Pre-poll process shall be completed before the polling enabling the petitioner to participate in the election, scheduled to be held on 25th August, 2005.
5. Both the appeals arising out Petition No. C.P. 1543-L/05 and instant petition, be fixed in the third week of September, 2005.