| Case ID |
3076602e-d0be-45f4-ad29-121a010aa2e9 |
| Body |
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| Case Number |
Civil Appeals Nos. 260 to 268 of 1991 |
| Decision Date |
Mar 16, 1992 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan ruled that the provisions of the Electoral Rolls Act, 1974, particularly sections 11 and 18, are not rendered inoperative during the annual revision of electoral rolls. The court emphasized that the right to apply for corrections and inclusion in the electoral rolls must be upheld, as disenfranchisement of citizens is against the law. The judgment clarified the roles of the Revising Authority and the Registration Officers, ensuring that both authorities operate at different times to maintain the integrity of the electoral process. The court concluded that the interpretation provided by the High Court regarding the concurrency of sections 17 and 18 was incorrect, and thus the appeals were accepted, setting aside the earlier judgments. |
| Summary |
This case examines the application of the Electoral Rolls Act (XXI of 1974) concerning the rights of citizens to apply for inclusion or correction of names in the electoral rolls during the annual revision process. The Supreme Court of Pakistan addressed the misunderstanding regarding the operational periods of the sections involved, particularly sections 11, 17, and 18. The judgment highlighted the importance of maintaining updated electoral rolls for fair and free elections, reinforcing the notion that citizens should not be disenfranchised without a clear legal basis. The court ruled in favor of the petitioners, ensuring their right to have their names included or corrected in the electoral rolls, emphasizing that the electoral process must be transparent and just. This decision is significant in the context of electoral law and the rights of voters in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
ELECTION COMMISSION OF PAKISTAN
|
| Judges |
NASINT HASAN SHAH,
MUHAMMAD RAFIQ TARAR,
WALI MUHAMMAD KHAN
|
| Lawyers |
Ch. Ijaz Ahmad,
Ch. Akhtar Ali
|
| Petitioners |
others,
ASIF IQBAL
|
| Respondents |
ELECTION COMMISSION OF PAKISTAN
|
| Citations |
1992 SLD 396,
1992 PLD 342
|
| Other Citations |
Not available
|
| Laws Involved |
Electoral Rolls Act (XXI of 1974)
|
| Sections |
11,
18,
17,
16
|