IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Constitutional Petition No.D-521 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    :       19.07.2018          

Date of decision      :    19.07.2018                   

O R D E R

IRSHAD ALI SHAH, J- The petitioner by way of instant constitutional petition has sought for direction against Election Commission of Pakistan to change the Polling Stations as is detailed in his petition.

2.                It is contended by learned counsel for the petitioner that the Polling Stations have been established without taking into consideration the convenience of the public. By contending so, he sought for direction against Election Commission of Pakistan to change Polling Station as per the request of the petitioner made in the instant petition.

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 change of Polling Stations at the instance of petitioner 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. No objection or suggestion on the list of polling stations apparently was filed by the petitioner. 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 change of Polling Station. There hardly remains 05 days in General Elections. In such situation, no case for issuance of direction to Election Commission of Pakistan to change the Polling Station is made out.

6.                For the above said reasons, the instant constitutional petition is dismissed. No order as to costs.

              J U D G E

                                                                    J U D G E

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