IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Constitutional Petition No.D-553 of 2018

Present

Mr.Justice Rasheed Ahmed Soomro,

Mr.Justice Irshad Ali Shah

Petitioner                      :        Through Mr.Ashfaq Husain Abro, Advocate

Respondents                      :           Through Mr.Bakhshan Khan Mahar,

Advocate for private respondent,

Mr.Rafique Ahmed K.Abro,

Advocate for Election Commission

Mr.Abdul Rasheed Abro, Assistant Attorney General Pakistan.

Date of hearing            :        18.07.2018          

Date of decision           :        18.07.2018                   

O R D E R

IRSHAD ALI SHAH, J- The petitioner by way of instant constitutional petition has impugned an order dated 22.06.2018, of learned District Returning officer, Shikarpur, whereby his application for shifting of Polling Station No.32 & 33 from village Karim Bux Jafferi to village Rajo Khan Jafferi was dismissed.

2.                It is contended by learned counsel for the petitioner that the petitioner and his co-villagers would not be able to cast their vote in village Karim Bux Jafferi on account of enmity. By contending so, he sought for shifting of above said Polling Station from village Karim Bux Jafferi to village Rajo Khan Jafferi.

3.                Learned counsel for the respondents have sought for dismissal of the instant constitutional petition by contending that no enmity as alleged by the petitioner exists between him and villagers of village Karim Bux Jafferi, the final list of the Polling Stations has already been issued, which is not subject to change.

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 an 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, Shikarpur, straight away sought for shifting of above said Polling Station from village Karim Bux Jafferi to village Rajo Khan Jafferi. It was dismissed by District Returning Officer, Shikarpur, 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 respondents, 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 shifting of above said Polling Station from village Karim Bux Jafferi to village Rajo Khan Jafferi. There hardly remains 07 days in General Elections. In such situation, no case for issuance of direction to Election Commission of Pakistan to shift the above said Polling Station from village Karim Bux Jafferi to village Rajo Khan Jafferi is made out. The learned District Returning Officer, Shikarpur, by dismissing the application of the petitioner for shifting of Polling Station by way of impugned order has committed no wrong, which may justify making interference with his 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

                                                                    J U D G E

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