| Case ID |
2bb4849b-696a-4ad4-bee8-292335500979 |
| Body |
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| Case Number |
Constitutional Petition No.S-111 of 2003 |
| Decision Date |
Dec 20, 2013 |
| Hearing Date |
Nov 22, 2013 |
| Decision |
The Balochistan High Court dismissed the constitutional petition in limine, ruling that the electoral rolls could not be corrected at a belated stage due to the bar contained in section 20 of the Electoral Rolls Act, 1974, as the election schedule had already been announced. The court noted that the petitioner had sufficient time to seek corrections prior to the announcement of the election and failed to ensure that his name was included in the electoral roll. The court emphasized that the electoral rolls prepared before the general election could be utilized for the forthcoming local bodies election, and all nomination papers filed by the petitioner had been accepted, despite his subsequent withdrawal from two constituencies. The judges concluded that the provisions of the applicable laws barred the petitioner from contesting in the manner he sought. |
| Summary |
This case revolves around the constitutional petition filed by Haider Ali Khan Jamali against the Returning Officer regarding the correction of electoral rolls under the Electoral Rolls Act of 1974 and the Balochistan Local Government Act of 2010. The petitioner contested the decision of the Returning Officer, who had rejected his nomination papers based on the electoral roll listings. The court deliberated on the legal provisions regarding electoral rolls and the timeline for corrections, ultimately ruling that the petition was dismissed due to the failure of the petitioner to act within the stipulated time frame. This case highlights the importance of adhering to electoral laws and the implications of the electoral roll's integrity in local government elections. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
QAZI FAEZ ISA, C.J.,
MUHAMMAD KAMRAN KHAN MULAKHAIL, J
|
| Lawyers |
Nadir Ali Chalgari,
Haroon Kasi,
Shai Haq Baloch
|
| Petitioners |
HAIDER ALI KHAN JAMALI
|
| Respondents |
2 others,
RETURNING OFFICER/ADC JAFFARABAD
|
| Citations |
2014 SLD 1785,
2014 CLC 1381
|
| Other Citations |
Not available
|
| Laws Involved |
Electoral Rolls Act,
Balochistan Local Government Act,
Constitution of Pakistan
|
| Sections |
20,
23,
24
|