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Civil Petition No. 580 of 1984, decided on 13th June, 1984.
(From the order of the Lahore High Court, dated 16-4-1984 passed in Writ Petition No. 1559 of 1984).
---Art. 185(3)--Punjab Local Councils (Election) Rules, 1979, r. 34 (1)--Election petition--Dismissal--Leave to appeal--Petitioner assailing view taken by High Court that Presiding Officer "if he is otherwise satisfied about identity of voter he may not require production of national identity card and may issue him a ballot-paper" on ground that same was without taking into consideration amended provisions of r. 34(1) of Rules, 1979--Leave granted.
Shoukat Ali, Senior Advocate Supreme Court instructed by Salim Ahmad Malik, Advocate-on-Record for Petitioner.
Nemo for Respondents.
Date of hearing: 13th June, 1984.
his petition arises out of an election dispute which was decided against the petitioner by the Election Tribunal which dismissed his election petition on 28-3-1984 and against which dismissal his writ petition before the High Court also failed on 16-4-1984.
2. Learned counsel assails the view taken by the High Court that the Presiding Officer "if he is otherwise satisfied about the identity of the voter he may not require production of national identity card and may issue him a ballot-paper", on the ground that the same is without taking into consideration the amended provision of rule 34(1) of the Punjab Local Councils (Election) Rules, 1979. This rule amended by notification, dated 20-9-1983 reads:
"Where a voter presents himself at the polling station to vote, the Presiding Officer shall require him to produce his Identity Card issued to him under the National Registration Act, 1973, and on such production, issue to him a ballot-paper."
3. The point requires consideration. Leave is accordingly granted. Security Rs. 1,000. There shall be no stay but the appeal shall be heard after the vacations.
M.Z.M Leave granted
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