ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Constt: Petition No.D-        4230   of 2015

DATE                         ORDER WITH SIGNATURE OF HON’BLE JUDGE

FOR KATCHA PESHI

 

17th. November, 2015.

 

                        Mr. Muhammad Ashraf Abbasi, Advocate for petitioner.

                        Mr. Zulfiqar Ali Sangi, Asstt: A.G

                        Mr. Mian Mumtaz Rabbani, D.A.G.

 

                        Through instant petition, the petitioner has expressed his grievance in respect of change of polling station from GPS, Shafi Muhammad  Waghan to Polling Station, GPS, Nawazio Bhan, UC Ladho Rano, Taluka Bhiria, District Naushahro Feroze, on the ground that the said change of polling station will cause serious inconvenience to the voters and the residents of the area, whereas, according to learned counsel, the polling station has been changed on political consideration to favour the ruling party candidate.

 

                        Notices were issued, pursuant to which comments have been filed on behalf of respondent No.5, wherein such allegations have been denied and it has been further stated that in the General Elections, 2013 the polling station, GPS Shafi Muhammad  Waghan was established for two census blocks viz. 343010705 and 343010706 of Deh Ladho Rano, Union Council Ladho Rano, however, as per delimitation pursuant to order by the High Court another Census block Code has been added in General Ward-4 Union Council Ladho Rano, therefore, the polling station established at GPS, Shafi Muhammad Waghan for general Ward No.4 for all these three census blocks, has been established which is central place for all the above three census codes.

 

                        Learned Asstt: A.G as well as D.A.G submit that there is no illegality or  malafide on the part of Returning Officer, which establishing above polling station, whereas, the elections are scheduled on 19.11.2015 i.e only day after tomorrow, whereas, any change at this stage will create further confusion, and a large number of voters of the area will be deprived of their right to cast their votes. While confronted with such position, learned Counsel for petitioner could not controvert the same, however, submits that there is apprehension of law and order situation, whereas, inconvenience will be caused to number of  voters in this regard.

           

                        We have heard the learned Counsel for the parties and perused the record and the relevant law/rules which reflects that establishing polling station is the responsibility of the Returning Officer, District Returning Officer and the Election Commission of Pakistan to ensure smooth polling at all polling stations keeping in view the legal parameters as provided under the law i.e Local Government Act, 2013 and Local Council (Election) Rules, 2015, and the orders already passed by this Court on the point of delimitation and establishment of polling stations. Prima-facie, learned Counsel for petitioner has not been able to show as to how the act of respondent No.5, in view of facts, and the  comments of Returning Officer, is based on malafides. Moreover, the elections are scheduled on 19.11.2015 i.e only day after tomorrow, whereas, any change of polling station at this stage, will create further confusion and may cause hindrance in the smooth election process. We are not inclined to draw any adverse inference at this stage on the change of aforesaid polling station by the Returning Officer. Accordingly, instant petition is disposed of, however, with direction to the Returning Officer, District Returning Officer and Election Commission of Pakistan to ensure that peaceful atmosphere shall be maintained and sufficient police / Rangers forces may be deployed in the aforesaid polling station so that the voters may cast their votes as per their own freewill and choice.

JUDGE

JUDGE

A.R.BROHI