IN THE LAHORE HIGH COURT, MULTAN BENCH,

MULTAN.

W.P. No._____________/2001

M. Siddiq Khan Sherwani S/o Faiz Muhammad Khan Sherwani,

caste Sherwani Pathan, R/o Mouza Neel Kot (Shalimar Colony,)
Bosan Road, Multan.
Petitioner
VERSUS
1. Deputy Election Officer.
2. Assistant Election Officer. Lodhi Clony, Multan.
3. Registration Officer.
4. Returning Officer. Union Council
5. Assistant Returning Officer. Neel Kot, Multan.
Respondents

Writ Petition under Article 199 of

the Constitution of Islamic
Republic of Pakistan, 1973.

Respectfully Sheweth: -
1. That the names and addresses of the parties have correctly been
given for the purpose of their summons and citations.

2. That the petitioner, along-with two real brothers and their

families are living under the joint family system. Till 1985, the
petitioner and all other family members were residing in Mouza
Kotla Mutarban and after that the real nephews of the petitioner
purchased a plot in Mouza Neel Kot (Shalimar Colony). After
raising the construction upon the said plot, all the family
members of the petitioner and his brothers shifted their residence
in Mouza Neel Kot (Shalimar Colony). Copy of the Registration
Deed is Annex “A”.
3. That the petitioner and the other family members which were
within the age of voters were recorded in the additional list of
voters, year 1990. On the basis of this list, the petitioner
conducted the election as well. The name of the petitioner is
mentioned on serial No. 535. Copy of the additional voter list is
attached as Annex “B”.

4. That the petitioner remained astonished when the voters lists for
the Election 2000-2001 were prepared and the names of the
petitioner and his whole family were not mentioned in the voters
list for Mouza Neel Kot in Union Council Neel Kot, District
Multan. The names of the petitioner and his family members
were either dropped by the respondent No. 3 inadvertently or due
to some political motive. Copy of the voter list is attached as
Annex “C”.

5. That the petitioner submitted an application for incorporation of

the names of the petitioner and his family as voters in the voters’
list of Mouza Neel Kot, District Multan. The final lists for Union
Council Neel Kot District Multan were delivered at the last
moment and it was a matter of surprise again when names of
some of the family members were mentioned in the voters list
and remaining were not incorporated including the petitioner.
Copy of this list is attached as Annex “D”.

6. That the petitioner, without wasting any time, submitted

applications to respondents No. 1 and 2 for recording the names
of the petitioner and remaining family members, but there was no
action on the part of the respondents No. 1 and 2. As the
petitioner wanted to contest the election as General Councilor
(M) in Union Council, Neel Kot, District Multan, so the
petitioner submitted his nomination papers on 27.4.2001 before
the respondents No. 4 and 5. The copies of the application and
receipt of nomination paper are Annex “E, & F ” respectively.

7. That the respondents were duty bound to record the names of

every eligible person as voter in the voters lists without any
objection, but they could not fulfill this condition and failed to
comply with the instructions of Election Commission and also
 failed to discharge their duties accordingly. If the names of the
petitioner and his family members will not be recorded as voters,
all they will be deprived of their right, which is also detrimental
towards the national interest. The list of family members with full
particulars is attached as Annex “G”.

8. That the petitioner is left with no other adequate, alternative or

speedy remedy except to invoke the extra-ordinary constitutional
jurisdiction of this Hon’ble Court for the redressal of his
grievance, hence, this petition.

Keeping in view the above-mentioned facts, it is

respectfully prayed that the respondents may please be
directed to record the names of the petitioner and his
remaining family members as voters in the voter lists of
Union Council Neel Kot, District Multan.
Any other direction, order writ or relief which
this Hon’ble Court deems fit, may please be extended in
the favour of petitioner to meet the ends of justice.

Humble Petitioner,

Dated: ___________

Through: -
Hammad Afzal Bajwa, Sheikh Muhammad Faheem,
Advocate High Court, Advocate High Court,
28-District Courts, Multan. 28-District Courts, Multan.
C.C. No. 20959 C.C. No. 20176

CERTIFICATE: -
Certified as per instructions of the client,
that this is the first petition on the subject
matter. No such petition has earlier been
filed before this Hon’ble Court.
Advocate

IN THE LAHORE HIGH COURT, MULTAN BENCH,

MULTAN.
 W.P. No. ______________/2001

M. Siddiq Khan Sherwani Vs. Deputy Election Officer, etc.

AFFIDAVIT of: -
M. Siddiq Khan Sherwani S/o Faiz Muhammad Khan
Sherwani, caste Sherwani Pathan, R/o Mouza Neel Kot
(Shalimar Colony,) Bosan Road, Multan.

I, the above named deponent do hereby

solemnly affirm and declare that the contents of
the above-mentioned petition are true and correct
to the best of my knowledge and belief and
nothing has been kept concealed thereto.

DEPONENT

Verification: -
Verified on oath at Multan, this _____ day
of May 2001 that the contents of this affidavit are
true & correct to the best of my knowledge and
belief.

DEPONENT

IN THE LAHORE HIGH COURT, MULTAN BENCH,

MULTAN.
 In re: C.M. No. _____________/2001
In
W.P. No.____________/2001

M. Siddiq Khan Sherwani Vs. Deputy Election Officer, etc.

APPLICATION FOR DISPENSING WITH THE

FILING OF CERTIFIED COPIES OF ANNEXURES.
=========================================

Respectfully Sheweth:-
That certified copies of Annexures “ ” are not
available. However, uncertified/photo state copies of the
same have been annexed with the petition, which are true
copies of original documents.

It is, therefore, respectfully prayed that this Hon’ble

court may please dispense with the filing of aforesaid copies
of documents.
APPLICANT

Dated: __________

Through: -
Hammad Afzal Bajwa, Sheikh Muhammad Faheem,
Advocate High Court, Advocate High Court,
28-District Courts, Multan. 28-District Courts, Multan.
C.C. No. 20959 C.C. No. 20176

IN THE LAHORE HIGH COURT, MULTAN BENCH,

MULTAN.
 In re: C.M. No. _____________/2001
In
W.P. No.____________/2001

M. Siddiq Khan Sherwani Vs. Deputy Election Officer, etc.

DISPENSATION APPLICATION.

AFFIDAVIT of: -
M. Siddiq Khan Sherwani S/o Faiz Muhammad Khan
Sherwani, caste Sherwani Pathan, R/o Mouza Neel Kot
(Shalimar Colony,) Bosan Road, Multan.

I, the above named deponent do hereby

solemnly affirm and declare that the contents of
the above-mentioned application are true and
correct to the best of my knowledge and belief
and nothing has been kept concealed thereto.

DEPONENT

Verification: -
Verified on oath at Multan, this _____ day
of May 2001 that the contents of this affidavit are
true & correct to the best of my knowledge and
belief.

DEPONENT

IN THE LAHORE HIGH COURT, MULTAN BENCH,

MULTAN.
 W.P. No.____________/2001

M. Siddiq Khan Sherwani Vs. Deputy Election Officer, etc.

INDEX

S. No. NAME OF DOCUMENTS ANNEXES PAGES

1 Urgent Form
2 Stamp Paper worth Rs. 500/-
3 Writ Petition.
4 Affidavit
5 Copy of the Registration Deed. A
6 Copy of the additional voter list. B
7 Copy of the voter list. C
8 Copy of the voter list D
9 Copies of the application and receipt E&F
Of nomination paper
10 The list of remaining family members. G

11 Dispensation Application.
12 Affidavit.
13 Application U/s 151 C.P.C.
14 Affidavit.
15 Vakalatnama
PETITIONER
Dated: ____________

Through: -
Hammad Afzal Bajwa, Sheikh Muhammad Faheem,
Advocate High Court, Advocate High Court,
28-District Courts, Multan. 28-District Courts, Multan.
C.C. No. 20959 C.C. No. 20176
 IN THE LAHORE HIGH COURT, MULTAN BENCH,
MULTAN.

In re: C.M. No. _____________/2001

In
W.P. No.____________/2001

M. Siddiq Khan Sherwani Vs. Deputy Election Officer, etc.

APPLICATION UNDER SECTION 151 C.P.C.

The applicant respectfully sheweth as under: -

1. That the contents of the main petition may please be considered

as part and parcel of this application.

2. That the Petitioner has a good prima facie case.

3. That the applicant has submitted his nomination papers on the

basis of additional voter lists of the year 1990.

4. That the name of the petitioner/applicant was not incorporated in

the final voter lists for the election 2000-2001. Even the hectic
efforts were made by the petitioner.

5. That the applicant/petitioner became a victim of political malice

and the opponents are trying to knock out the petitioner on
technical basis.

6. That the balance of convenience lies with the applicant.

 It is, therefore, respectfully prayed that the
respondents No. 4 & 5 may please be directed not to
reject the nomination papers of the petitioner on this
sole ground.
Any other direction, order, writ or relief which
this Hon’ble court deems fit, may please be extended
in the favour of applicant to meet the ends of justice.

Humble Applicant
Dated: __________
(M. Siddiq Khan Sherwani)

Through: -
Hammad Afzal Bajwa,
Advocate High Court,
28-District Courts, Multan.
C.C. No. 20959
Sheikh Muhammad Faheem,
Advocate High Court,
28-District Courts, Multan.
C.C. No. 20176

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

 In re: C.M. No. _____________/2001
In
W.P. No.____________/2001

M. Siddiq Khan Sherwani Vs. Deputy Election Officer, etc.

STAY APPLICATION.

AFFIDAVIT of: -
M. Siddiq Khan Sherwani S/o Faiz Muhammad Khan
Sherwani, caste Sherwani Pathan, R/o Mouza Neel Kot
(Shalimar Colony,) Bosan Road, Multan.

I, the above named deponent do hereby

solemnly affirm and declare that the contents of
the above-mentioned application are true and
correct to the best of my knowledge and belief
and nothing has been kept concealed thereto.

DEPONENT

Verification: -
Verified on oath at Multan, this _____ day
of May 2001 that the contents of this affidavit are
true & correct to the best of my knowledge and
belief.

DEPONENT