HASAN ALI KHAN Versus PROVINCIAL ELECTION COMMISSIONER

ZIA MAHMOOD MIRZA, J .‑‑ Petitioner was enrolled as a voter in Tariq Colony, Mori Gate, Kasur (Electoral Unit No. 3/1). He made an application, dated 26‑10‑1987 to the Assistant Commissioner/ Registration Officer, Kasur, respondent No. 2, for transfer of his vote to Electoral Unit No.4, village Atheelpur, Union Council, Okara, Tehsil Kasur. His case was that he was the resident/owner of immovable property in the said Unit. The application was marked to Ilaqa Magistrate, who made a favourable report on 28‑10‑1987 and the Registration Officer, as it now transpires, accepted the application by order, dated 2‑11‑1.987 but the petitioner, it appears, had no knowledge of this order which was passed on the original application. It appears that the Registration Officer came to pass another order on 8‑11‑1987 which is reproduced hereunder:‑

"Presented to me on 8‑11‑1987. But at this stage the original record is not here. So, it cannot be verified."

Feeling aggrieved with the aforequoted order of the Registration Officer, dated 8‑11‑1987, petitioner unsuccessfully approached the Provincial Election Commissioner and then filed the present Constitutional petition to call in question the order of the Registration Officer, dated 8‑11‑1987 and that of the Provincial Election Commissioner, Punjab.

2. Writ petition was admitted to regular hearing on 11‑11‑1987 and by way of interim relief, petitioner was allowed to file the nomination papers, of course, subject to the decision of the writ petition. Admitted position is that the petitioner contested and won the election for membership of Zila council, Kasur. Abdul Haq, one of the contesting candidates sought to be impleaded as a respondent in the writ petition and he was so impleaded on 12‑12‑1987.

3. We have heard the learned counsel for the parties and Mr. Shabbir Hussain, Assistant Registration Officer, Kasur who has appeared with the record. The later has categorically stated that. the application moved by the petitioner was accepted by the Registration Officer on 2‑11‑1987. He has placed on record photo copy of the application which contains a short order of the Registration Officer, dated 2‑11‑1987. The Assistant Registration Officer has attested the same to be true copy and it is marked 'R.1'. Learned counsel appearing for Abdul Haq respondent have seriously disputed the position state by the Assistant Registration Officer and have vehemently contended that the application (Annexure 'A') was not filed on the date on which it was shown to have been filed. According to the learned counsel, it was actually submitted on 8‑11‑1987 but was ante‑dated with a view to show that it was moved on a date earlier than the notification issued by the Local Councils Election Authority calling upon the voters to elect their representatives. Argument of the learned counsel was that since the application was moved after the notification, it was not maintainable. Confronted with the order of the Registration Officer, dated 2‑11‑1987 passed on the original application, learned counsel to the respondent maintained that this, too, was a forgery. They submitted that the Registration Officer, in fact, passed the order on 8‑11‑1987 which is available on the application Annexure 'A'. As regards this order, It was sought to be explained on behalf of the petitioner that it was passed by the Registration Officer on a photo copy of the application presented to him on 8‑11‑1987 and since the petitioner was not aware that an order had already been passed or his original application on 2‑11‑1987 accepting it which order was never communicated to him, he took further proceedings before the Provincial Election Commissioner and then filed the present Constitutional petition and he has come to know of the order dated 2‑11‑1987 only today, through the Assistant Registration Officer. The Assistant Registration Officer has also stated that there was rush of work in those days and the Assistant Commissioner was extremely busy performing his manifold duties and he might have passed the order on the photo copy of the application when presented to him on 8‑11‑1987 not knowing that he had already passed the order on 2‑11‑1987 on the original application. The explanation appears to be quite plausible and we have no reason to disbelieve the position obtaining on the original record as stated by the Assistant Registration Officer. Application (photo copy R.1) is shown to have been moved. on 26/27‑10‑1987 and it was accepted by the Registration Officer on 2‑11‑1987. That being so, since the petitioner was allowed the relief by the Registration Officer, this writ petition stands fructified and is disposed of accordingly but with ho order as to costs. Consequently, miscellaneous application moved by Abdul Haq respondent viz. C.M.. No. 3233 of 1987 for restraining the writ petitioner from taking oath: as a Member, Zilla Council and C.M. No. 3235 of 1987 for proceeding against the writ petitioner under section 476 Cr.P.C are hereby dismissed

H.B.T. /H‑70/L. Order accordingly