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Writ Petition No. 826 of 1981, decided on 25th April, 1982.

Punjab Local Government Ordinance (VI of 1979)‑

Ss. 18 & 19‑Right to vote‑Person having his name entered in list of voters, whether rightly or wrongly,‑Has right of vote, unless his name mentioned twice‑Persons voting alleged to be minors‑Objection as to their having no right to vote‑Held : Could only be raised before Registering Authority to get their names removed from list of voters Such course having not been adopted conclusion arrived at by Election Tribunal that three minor persons having voted in favour of petitioner exclusion of such votes entitled respondent to be declared elected, held, without lawful authority.

Ch. Muhammad Abdullah for Petitioner.

Sh. Riaz Ahmed for A: G. for Respondent No. 1.

Munk Ahmad Bhatti for Respondent No. 2.

Date of hearing : 25th April, 1982.

SHAMEEEM

HUSSAIN KADRI, ACTG. C. J.‑This writ petition calls in question the judgment of the Election Tribunal, Sialkot, dated 8‑2‑1981 whereby the petitioner was de-seated.

2. The election in Union Council, Ward No. 31 Siraj, Tebsil Shakar garh, District Sialkot, took place on 25‑9‑1979 in which both the parties were the candidates. The petitioner obtained 143 votes while the respondent secured 142 votes. Before the Election Tribunal the main question was that three persons, namely, Mushtaq Hussain, Ghulam Hussain and Muhammad Khalid, whose names appeared in the Supplementary Electoral College list, prepared under the Electoral College Act at Serial Nos. 182, 187 and 188, respectively, were minors. School certificates of these three persons were produced showing that they were minors. Affidavits were also filed in support of this allegation. The Tribunal relying on this evidence found that these three persons had cast votes in favour of the petitioner and the exclusion of these three votes would entitle the respondent to be declared as an elected candidate. Such evidence is violative of secrecy of ballot.

3. The legal question involved is answered by looking at sections 18 and 19 of the Punjab Local Government Ordinance, 1979, which provide the qualification for the voter. Any person whose name is entered in the list rightly or wrongly has the right of vote unless his name is mentioned twice. This is not the situation. Assuming for the sake of argument that these persons were alleged to be minors, the objection could only be raised before the Registering Authority for the removal of their names from the list. That having not been done the conclusion arrived at by the Tribunal is without lawful authority. We, therefore, set aside the order of the Election Tribunal dated 8‑2‑1981 and accept this petition leaving the parties to bear their own costs.

s. G. D. Petition accepted.

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