MUHAMMAD SHAF1 Versus A.C./REGISTRATION OFFICER

1. TANVIR AHMAD KHAN, J.‑‑‑ Through this Constitutional petition the petitioner has assailed the order, dated 31‑7‑1990 passed by the Assistant Commissioner/Registration Officer, Gujrat whereby his vote registered at serial No.111 in Ward No.9 Kunjah, has been cancelled and consequent to direction of the Assistant Commissioner and at this instance F.I.R. No.292 of 1990 has been registered at Police Station Kunjah under section 420/468/471, P.P.C.

2. Brief facts for the disposal of this writ petition are `that the petitioner was elected as a Councillor from Ward No.9,'‑Town Committee Kunjah, in the Local Bodies Election of 1987. Subsequently, he was elected as Chairman of Town Committee, Kunjah on 4‑1‑1988. Respondent No.4 Muhammad Arshad Mahmood filed an election petition before the Election Tribunal, Gujrat wherein he assailed the election of the petitioner. The learned Tribunal through its order dated 14‑7‑1990 decided the preliminary issue and came to a conclusion that the petitioner was legally qualified to contest election from Ward No.9 as being registered voter over there. After this 'decision the respondent No.4 Muhammad Arshad Mahmood alongwith Tariq Mahmood., and Muhammad Zaman moved an application on 28‑7‑1990 to the Assistant Commissioner/Registration Officer for the deletion/cancellation of the petitioner's vote. The A.C. through his order, dated 31‑7‑1990 cancelled the vote of the petitioner registered at serial No.111 in Ward No.9 Kunjah in the electoral list of 1986‑87. Consequent to this report on the direction of the A.C. F.I.R. No. 292/90 was also recorded against ‑the petitioner under section 420/468/471, P.P.C. on 6‑8‑1990.

3. It is argued by the learned counsel that the order, dated 31‑7‑1990 has been passed by the Assistant Commissioner‑respondent' No.1 without providing any opportunity to the petitioner. A further argument has been advanced that the respondent Muhammad Arshad Mahmood approached the Assistant Commissioner with unlean hands as he completely suppressed the decision of the 'Election Tribunal, dated 14‑7‑1990 upholding the registration/entry of vote of the petitioner in Ward No.9.

4. We have considered the contentions of the petitioner and have also perused the impugned order. After going through the application submitted on 28‑7‑1990 as Annex: `E' with this writ petition, we have noticed that the respondent Muhammad Arshad Mahmood had not mentioned the pendency of the election petition and the consequent decision of the Election Tribunal on 14‑7‑1990 on a preliminary issue qua the registration of the petitioner's vote in Ward No.9. This aspect shows that the application was moved in a clandestine manner to undo/frustrate the decision of a competent Court of law in an indirect manner which has not got the backing of law. It is also reflected fro the order that the petitioner was not even served a notice. In these circumstances, we are clear in our mind that the whole order of Assistant Commissioner, dated 31‑7‑1990 which is also the basis of the impugned F.I.R, has been passed in clear violation of principles of natural justice. Accordingly, the impugned order, dated 31‑7‑1990 cancelling the vote of the petitioner registered at serial No.111 in Ward No.9 of Kunjah is hereby set aside a having been passed without lawful authority and of no legal effect. Similarly, the impugned F.I.R. No.292 registered against the petitioner on the basis of the order, dated 31‑7‑199() at the initiation of the Assistant Commissioner is also quashed. Parties are left to hear their own costs.

5. N.H.Q./M‑130/L Petition accepted.