IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Constitutional Election Petition No.D-482 of 2018

Present:

Mr. Justice Rasheed Ahmed Soomro,

Mr. Justice Irshad Ali Shah,

Petitioner : Through Mr.Asif Ali Abdul Razak Soomro,

Advocate.

Respondents : Through Mr.Rafique Ahmed K. Abro, Advocate for Election Commission of Pakistan &

Mr.Abdul Rasheed Abro, Assistant Attorney General Pakistan.

Date of hearing : 10.07.2018

Date of decision : 11.07.2018

O R D E R

IRSHAD ALI SHAH. J- The facts in brief leading to passing of instant order are that the petitioner being voter moved an application with District Returning Officer, Jacobabad, for establishment of new Polling Station at village Ghulam Ali Mugheri. The same after due enquiry was dismissed by learned District Returning Officer, Jacobabad vide his order dated 20^th June, 2018. The petitioner being aggrieved of above said order has filed the instant constitutional petition before this Court seeking the relief to the following effect;

a). That this Honourable Court may graciously be pleased to set aside the impugned order dated 20.06.2018, passed by the respondent No.1/District Returning Officer, Jacobabad as illegal, void and without lawful justification.

b). That this Honourable Court may further be pleased to direct the respondents (Election Commission of Pakistan) to establish a new Polling Station in GPS Ghulam Ali at village Muhammad Ramzan Khan Mugheri for Block No.301030102 in the light of provision of Section 59 of the Election Act, 2017.

c). Award costs.

d). Grant any other equitable relief.

2. It is contended by learned counsel for the petitioner that the learned District Returning Officer, Jacobabad has passed the impugned order without any lawful justification, ignoring the fact that the Polling Station, which is established for casting vote by the petitioner and his co-villagers at GPS Khair Wah is far away from the village of petitioner and it has been established in violation of mandate contained by Sub Section (2) to Section 59 of Elections Act, 2017. By contending so, he sought for direction against the Election Commission of Pakistan to establish a new Polling Station at the village of petitioner.

3. In rebuttal to above, it is contended by learned counsel for Election Commission of Pakistan as well as learned Assistant Attorney General Pakistan that the final list of the Polling Stations has already been published in Official Gazette, the establishment of new Polling Station at the instance of petitioner by Election Commission of Pakistan that too without hearing to the candidates would hamper the Election process badly. By contending so, they sought for dismissal of the instant constitutional petition.

4. We have considered the above arguments and perused the record.

5. As per Sub Section (1) to Section 59 of Elections Act, 2017, it is the Election Commission of Pakistan, which has to provide, in prescribed format, list of Polling Stations for each constituency. It was done in the present case. As per Sub Section (5) to Section 59 of Elections Act, 2017, any voter may file objection or suggestion on the list of Polling Stations so provided by Election Commission of Pakistan, with the District Returning Officer concerned within the specified period. The petitioner by way of making an application with District Returning Officer, Jacobabad straight away sought for establishment of new Polling Station at village Ghulam Ali Mugheri. It was dismissed by District Returning Officer, Jacobabad, after proper enquiry, as per mandate contained by Sub Section (6) to Section 59 of Elections Act, 2017. At present, as per learned counsel for the Election Commission of Pakistan and learned Assistant Attorney General Pakistan, the final list of the Polling Stations has already been published in Official Gazette, the same as per Sub Section (8) to Section 59 of Elections Act, 2017 is not subject to change, save in very exceptional circumstances, that too without prior approval of Election Commission of Pakistan and after notice to the candidates. No exceptional circumstance is advanced by the petitioner for making change in Polling Stations and/or establishment of new Polling Station at his village. There hardly remains 13 days in General Elections. In such situation, no case for issuance of direction to Election Commission of Pakistan to establish a new Polling Station at the village of petitioner is made out. The learned District Returning Officer, Jacobabad, by dismissing the application of the petitioner for establishment of new Polling Station at his village apparently has committed no wrong, which may justify making interference with his (impugned) order by this Court in exercise of its constitutional jurisdiction.

6. For the above said reasons, the instant constitutional petition is dismissed.

J U D G E