Summary: Summary pending

Summary: Summary pending

Summary: (a) Election Law – Voter Deletion & Due Process: Azad Jammu and Kashmir Electoral Rolls Ordinance, 1970 – Ss. 6, 7, 10(6)(7), & 15(C) Electoral Rolls – Deletion of Voters Without Notice – Violation of Due Process. The deletion of voters from the electoral rolls after the final publication and announcement of the election schedule, based on a belated application by a contesting candidate, was held to be unlawful. The court emphasized that electoral rolls cannot be altered without affording affected voters the right to be heard. Chief Election Commissioner cannot entertain private applications for voter deletion but may exercise suo motu powers under Section 15 of the Electoral Rolls Ordinance, 1970. The fundamental principle of audi alteram partem (right to be heard) must be upheld before making any changes to voter lists. ----Cited Cases: Lal Babu Hussain v. Electoral Registration Officer (AIR 1995 SC 1189) – Deletion of voter names without a hearing is illegal. Dr. Babar Hameed Chohan v. Muhammad Afzal Munir (1984 SCMR 537) – Name appearing in multiple electoral rolls is not an automatic disqualification. (b) Constitutional Law – Right to Seek Writ Relief: Azad Jammu and Kashmir Interim Constitution Act, 1974 – S. 44 Standing of Election Candidates – Who is an Aggrieved Party? The court ruled that a contesting candidate has standing (locus standi) to challenge irregularities in the electoral rolls if such alterations could impact their election prospects. A candidate need not possess a strict "juristic right" but must demonstrate a "tangible interest" in the matter. Accordingly, the petitioner was deemed an aggrieved party with standing to seek writ relief under Section 44 of the AJ&K Interim Constitution Act, 1974. ----Cited Cases: Muhammad Islam v. Abdul Rashid & Others (1993 SCR 37) – A person need only show tangible interest, not a strict juristic right, to be an aggrieved party. Ch. Ali Muhammad Chacha v. Azad Govt. (2008 CLC 1648) – Aggrieved status is established if an illegal act adversely affects a petitioner’s rights or interests. (c) Election Procedure – Powers of Chief Election Commissioner: Jurisdiction of Election Commissioner – Procedural Limits. The court clarified that the Chief Election Commissioner (CEC) does not have the power to delete voters from electoral rolls based on private complaints after the final publication of the rolls. The CEC may correct electoral records suo motu in cases of "gross error or irregularity," but this must be done in compliance with Sections 10(6) and (7) of the Electoral Rolls Ordinance, 1970. Any decision affecting voter registration must be made in accordance with procedural safeguards, including notice and an opportunity to be heard. ----Cited Case: Noor-ul-Amin v. Govt. of AJ&K (PLD 1987 AJ&K 88) – A person suffering a loss of rights due to non-performance of legal duties is an aggrieved person. ----Disposition: Writ petition allowed. The court struck down the order for deletion of voters and held that any correction in electoral rolls must comply with due process principles.

Summary: Summary pending.

Summary: Summary pending.

Summary: Summary pending.

Summary: Summary pending.

Summary: Summary pending.

Summary: Summary pending.

Summary: Summary pending.