SHARAFAT ALI and another vs D.R.O. and others
This petition seeks leave to appeal against the judgment dated 8th August, 2005, regarding the eligibility of petitioner No. 1, Sharafat Ali, to contest the local government elections from U.C. 59 Haft Maddu. The core legal question involves whether a candidate whose name appears in the general electoral rolls of 2002 and the local council electoral rolls of another union council can be disqualified from contesting local body elections merely because his name is absent from the specific electoral roll of the contesting union council. The Supreme Court granted leave to appeal, noting that an identical question was under consideration in a connected petition. As an interim measure pending the final decision, the Court allowed the petitioner to contest the election and directed the Returning Officer of U.C. 59 Haft Maddu to include his name in the list of contesting candidates for the office of Nazim and Naib Nazim, ensuring completion of the pre-poll process before the scheduled polling date.
- Can a candidate be disqualified from contesting local government elections solely because their name is missing from the electoral roll of a specific union council while appearing in general electoral rolls and another union council's rolls?
- Whether leave to appeal should be granted when an identical question of law is pending consideration in another petition before the court?
- Can an interim order be issued permitting a candidate to participate in an election pending the final adjudication of their 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 is not incorporated in the electoral rolls of 20002001, prepared for the Local Council Elections. Although, his name finds mentioned in the electrol 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 of 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 of Petition No,C.P.1543-L of 2005 and instant petition, be fixed in the third week of September, 2005.
Cited by 4 cases
- Naseer Ahmad Qadri vs Meer Muhammad Nawaz, Returning Officer and another 2024 LHC 21, 2024 YLR 958
- Salman Ashraf vs Additional District Judge, Lahore and others 2023 SCMR 1292
- Salman Ashraf vs Additional District Judge, Lahore, etc 2023 SCP 168, 2023 SCMR 1292, 2023 PLJ SC 481, 2023 SCMR 1292, PLJ 2023
- JAMSHED IQBAL CHEEMA Versus The RETURNING OFFICER, NA-133 2023 MLD 132