ABDUL RAZZAQ Versus GENERAL ASSISTANT (REVENUE) WITH POWERS OF REGISTRATION OFFICER, OKARA

ORDER

1. SHAFIUR RAHMAN, J.- -The petitioner wanting enrolment as a voter in Halqa No.8, Municipal Committee, Okara, seeks leave to appeal against the judgment of the Lahore High Court, Lahore, dated 10-11-1987 whereby his Constitutional Petition challenging the orders of the Registration Officer, Okara, was dismissed on the sole ground that he had suppressed the disclosure of material fact in the constitutional petition.

2. The facts as have emerged at the hearing are that the petitioner and the members of his family allegedly, according to the petitioner, without his knowledge were entered as voters in the electoral list of Model Town, Lahore. All the same as in the previous election he had been enrolled as a voter at Okara where he owned property and finding his name not there he moved an application on 14-10-1987 seeking revision of the electoral roll with a view to get his name included therein. It is alleged that on 1-11-1987 arguments were heard and an indication was given that the order would be announced the same day but in fact it was announced on 4-11-1987. It is also contended by the petitioner that it was during the course of the arguments that it was urged that the petitioner was already entered as voter in Model Town, Lahore and hence could not get his name registered at Okara. He, therefore, got his name removed from the voters' list of Model Town, Lahore and this was achieved on 3-11-1987. Notwithstanding this the Registration Officer refused his application to be registered as a voter at Okara. It was not denied that the petitioner owned property there and was eligible to get himself registered as a voter. The ground taken for refusing his request was that actually he was residing in Model Town, Lahore, and further that it was likely that his name may be included in the voters' list of Model Town, Lahore.

3. The petitioner challenged this refusal in the constitutional petition but the learned Judge in the High Court declined to exercise the discretionary jurisdiction on the sole ground that the petitioner had not disclosed that he had got his name deleted from the voters list of Model Town, Lahore.

4. The effect of the order of the High Court is that the petitioner and the members of his family who are stated to be eligible voters cease to be voters at both these places, namely, Okara and Model Town, Lahore.

5. The learned counsel for the petitioner has taken us through the law in order to establish that the only qualification or eligibility required by law for being registered as voter is that one should either own property or should reside. It is not necessary that apart from owning property one should also reside there. On the facts established, according to the learned counsel for the petitioner, he was entitled to be registered as a voter at Okara particularly so when his name had been removed from the voters' list in Model Town Lahore.

6. For the present, the question of law raised requires consideration and we, therefore, grant leave to appeal for that purpose. At the same time, we cannot countenance perpetuation of a situation when an eligible voter is deprived entirely and completely of his right to vote and, therefore, we would by an interim order direct that the petitioner should be taken to be a voter of Halqa No.8 of Okara Municipal Committee subject to other restrictions and prohibitions contained in the laws applicable to him and to the elections.

7. Security in the sum of Rs.2,500.

8. Let the appeal be made ready for hearing within two months.

9. S.Q./A-132/S Leave granted.