| Case ID |
2e886888-01ab-402d-a90f-5be4b8c0c3d0 |
| Body |
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| Case Number |
Writ Petition No. 1628 of 2001 |
| Decision Date |
May 28, 2001 |
| Hearing Date |
|
| Decision |
The Lahore High Court set aside the unlawful order of the Revising Authority dated 28-05-2001, which canceled the petitioner's name from the electoral rolls of village Kharala Kallan. The court recognized that the petitioner, residing with his family and owning property in Kharala Kallan, rightfully maintained his residency and voting rights in that constituency. Emphasizing the fundamental right to franchise, the court concluded that the Revising Authority had interpreted the law too narrowly, neglecting the true essence of residency as outlined in the Electoral Rolls Act and the Constitution. Consequently, the petitioner was reinstated as a voter, ensuring his enfranchisement under the prevailing legal framework. |
| Summary |
In the pivotal case of Writ Petition No. 1628 of 2001 adjudicated by the Lahore High Court on May 28, 2001, petitioner ARJUMAND ZAHEER AFZAL KHAN challenged the Revising Authority's decision to remove his name from the electoral rolls of village Kharala Kallan. Central to the case was the interpretation of residency under the Electoral Rolls Act, 1974, specifically Section 7, in conjunction with the Constitution of Pakistan, 1973, Articles 15 and 199. The petitioner argued that his residence in Kharala Kallan, evidenced by property ownership and familial ties, warranted his inclusion in the electoral rolls, despite previous listings elsewhere. The court meticulously analyzed legal precedents, including Inland Revenue Commissioner v. Lysaght and Hanson v. P.A. Peterson Home Ass'n, affirming that residency is determined by habitual abode rather than mere property possession or registered addresses. Highlighting the essential right to franchise, the court found the Revising Authority's order overly restrictive and not reflective of the legislative intent. The decision underscored the importance of protecting voters' rights against administrative overreach, ensuring that legal interpretations align with constitutional guarantees. By reinstating the petitioner as a voter, the court reinforced fair electoral practices and upheld the integrity of the democratic process in Pakistan. This case serves as a benchmark for electoral jurisprudence, emphasizing the nuanced understanding of residency and the inviolability of the right to vote. |
| Court |
Lahore High Court
|
| Entities Involved |
Revising Authority
|
| Judges |
ALI NAWAZ CHOWHAN, J
|
| Lawyers |
Ch. Afrasiab Khan,
Sardar Zaheer Ahmad Khan
|
| Petitioners |
ARJUMAND ZAHEER AFZAL KHAN
|
| Respondents |
REVISING AUTHORITY (CIVIL JUDGE), FATEH JANG and 5 others
|
| Citations |
2001 SLD 2538,
2001 CLC 1305
|
| Other Citations |
Inland Revenue Commissioner v: Lysaight (1928) AC 234,
Hanson v. P.A. Peterson Home Ass'n 35 III. App.2d 134, 182 N.E.2d 237, 240,
Chaudhry Abdur Razzaq v. The Registration Officer, Okara 1988 SCMR 291,
Muhammad Shafi v. Assistant Commissioner/Registration Officer NLR 1992 Civil 235,
Election Commission of Pakistan v. Asif Iqbal and others PLD 1992 SC 342
|
| Laws Involved |
Electoral Rolls Act, 1974,
Constitution of Pakistan, 1973
|
| Sections |
7,
199,
15
|