Mian ZIAUDDIN vs PUNJAB LOCAL. GOVERNMENT And Other
This petition arises out of an election dispute concerning the interpretation of election rules regarding voter identification. The petitioner challenged the dismissal of his election petition by the Election Tribunal and the subsequent failure of his writ petition before the High Court. The core legal question revolves around whether a Presiding Officer is strictly mandated to require the production of a national identity card by a voter before issuing a ballot-paper, in light of the amended provision of rule 34(1) of the Punjab Local Councils (Election) Rules, 1979. The Supreme Court held that the point requires consideration and granted leave to appeal to examine the mandatory nature of the requirement under the amended rule.
- Whether the Presiding Officer is strictly required to demand a national identity card from a voter before issuing a ballot-paper under rule 34(1) of the Punjab Local Councils (Election) Rules, 1979?
- Rule 34(1), Punjab Local Councils (Election) Rules 1979
- National Registration Act 1973
ORDER
M. S. H. QURAISHI, J.--This petition arises out of an election dispute which was decided against the petitioner by the Election Tribunal which dismissed his election petition on 28-3-1984 and against which dismissal his writ petition before the High Court also failed on 16-4-1984.
2. Learned counsel assails the view taken by the High Court that the Presiding Officer "if he is otherwise satisfied about the identity of the voter he may not require production of national identity card and may issue him a ballot-paper", on the ground that the same is without taking into consideration the amended provision of rule 34(1) of the Punjab Local Councils (Election) Rules, 1979. This rule amended by notification, dated 20-9-1983 reads: "Where a voter presents himself at the polling station to vote, the Presiding Officer shall require him to produce his Identity Card issued to him under the National Registration Act, 1973, and on such production, issue to him a ballot-paper."
3. The point requires consideration. Leave is accordingly granted. Security Rs. 1,000. There shall be no stay but the appeal shall be heard after the vacations.