- Section 8 — Electoral Rolls — Preparation and Types of — Section 8 provides that the electoral rolls of each area for elections to the Legislative Assembly shall be prepared for; (A) State Subjects residing in the Azad Jammu & Kashmir territory; (B) State Subjects of Indian Occupied Areas of Anantnag (Islamabad), Baramula and Muzaffarabad, now residing in Pakistan; and (C) State Subjects other than mentioned in clauses (A) and (B) above and now residing in Pakistan. Shah Ghulam Qadir v. Sadder Gul-e-Khandan&8 others 2015 SCR 1 (A)
- Sections 9 and 10 — Registration Officers — Appointment of — For the purpose of preparation of electoral rolls, the Registration Officers are appointed by the Chief Election Commissioner, who are empowered under Section 10 to prepare the electoral rolls for an electoral area under the superintendence, direction and control of the Commissioner. Shah Ghulam Qadir v. Sadder Gul-e-Khandan&8 others 2015 SCR 1 (B)
- Sections 10 — sub-sections (1) to (7) — detailed scheme for preparation of electoral Rolls — under subsection (7) of section 10 an electoral roll shall be revised, amended or corrected in the prescribed manner as and when necessary so as to correct any entry or omission therein or to include the name of any qualified person whose name doesn’t appear on such roll or to delete thereof the name of any person who has died or who is or has become disqualified for enrolment on such roll — subsection further empowers the Registration Officer that an amended electoral roll be maintained in the prescribed manner. Shah Ghulam Qadir v. Sadder Gul-e-Khandan 2015 SCR 1 (C)
- Section 10(1) — electoral rolls — enrolment — qualifications for— the Registration Officer has been empowered to prepare the electoral roll for an electoral area containing the name of every State Subject, who on the qualifying date, is not less than eighteen years of age, doesn’t stand declared by a competent court to be of unsound mind and is, or is deemed under Section 12, to be resident in the electoral area. Shah Ghulam Qadir v. Sadder Gul-e-Khandan 2015 SCR 1 (D)
- Section 13 — electoral rolls — enrolment — disentitlement for — No person shall be entitled to be enrolled on the electoral roll for any electoral area more than once or on the electoral roll for more than one electoral area. Shah Ghulam Qadir v. Sadder Gul-e-Khandan 2015 SCR 1 (E)
- Sections 9,10 &12 — scheme for preparation of Electoral Rolls — appointment of Registration Officer — enrolment of — consideration — a Registration Officer for an electoral area is appointed under Section 9 of the Ordinance, who is required under Section 10 to prepare for the assigned electoral area a draft electoral roll containing the name of State subject who on the qualifying date, is not less than 18 years of age, doesn’t stand declared by a competent court to be of unsound mind and is, or is deemed under Section 12, to be resident in that particular electoral area — Sub-sections (3), (4) and (5) of Section 10 of the Ordinance, deal with the powers of the Registration Officer for making additions, modifications, corrections in the draft electoral roll and publishing of the final electoral roll and issuance of notification of such published electoral roll. Shah Ghulam Qadir v. Sadder Gul-e-Khandan&8 others 2015 SCR 1 (F)
- Sections 10(6) &(7) — scheme for preparation of Electoral Rolls — Under sub-section (6) of section 10, if the Chief Election Commissioner on account of any gross error or irregularity in the preparation of electoral roll of any electoral area and published as such under subsection (4), deems it necessary, he may order for amendment, revision or correction of the electoral roll or may cancel the electoral roll or draft for that area — Under subsection (7) of section 10, the electoral roll shall be revised, amended or corrected as and when necessary in a prescribed manner — Under clause (I) of subsection (7), the revision, amendment and correction includes to correct any entry or supply any omission or to include the name of any qualified person, whose name doesn’t appear on such electoral roll and deletion of the name of any person from the electoral roll, who has died or is or has become disqualified for enrolment on such electoral roll — clause (C) of subsection (1) of Section 10 refers to Section 12 for determination of the fact of a State subject being “resident” of a particular electoral area. Shah Ghulam Qadir v. Sadder Gul-e-Khandan 2015 SCR 1 (G)
- Section 12(1) — word “resident” defined as a person who ordinarily resides in that area or owns or is in possession of dwelling house or other immoveable property in an electoral area in the territories administered by the Govt. Shah Ghulam Qadir v. Sadder Gul-e-Khandan 2015 SCR 1 (H)
- Section 12 (1) — Proviso — Electoral Rolls — Option for enrolment — A bare reading of the proviso implies that any person referred to in subsection (1) who owns or possesses more than one dwelling house or any other immovable property in more than one electoral areas, where he, his wife and his children ordinarily reside with him, he has an option for enrolment of his name in the electoral roll of any one of such areas, if he otherwise qualifies. Shah Ghulam Qadir v. Sadder Gul-e-Khandan&8 others 2015 SCR 1 (J)
- Sections 10 & 12 — electoral rolls — preparation of scheme for — registration of votes — choice for enrolment — Clause (C) of subsection (1) of Section 10 refers to Section 12, for defining “resident” in an electoral area which is a precondition for registration of vote in the said electoral area and Section 12(1)(A) and (B) provides that a person be deemed to be resident in an electoral area if he ordinarily resides in that area or owns a dwelling house or other immovable property in such electoral area in the territories administered by the Government — The proviso attached to subsection (1) of Section 12 of the Ordinance enhances the scope of the term “resident” and takes it out from clauses (A) and (B) of subsection (1) of Section 12 providing therein that where a person owns or possesses more than one dwelling house or other immovable property in more than one constituencies, he is eligible to be enrolled in the electoral area where he ordinarily resides — The proviso provides a right contrary to clause (A) and (B) to such person to get his name registered in the electoral roll of any of the constituencies where he owns a dwelling house and resides with his wife and children — Subsections (2) and (3) of section 12 have been substituted by Act XI of 1995 on 25.6.1995 — Through the said word “later” has been substituted by the word “former” — Held: if a person resides in an electoral area other than the area where he ordinarily resides, he shall be deemed to be the resident of the former electoral area, meaning thereby that if ordinary residence of a person is different to the one he is residing, he shall be deemed to be the resident of that area and not the resident of area where he ordinarily resides — an option has been provided to the person to make choice for determining his place of residence — The choice given to a person for registration of a vote under subsection (2) is supported by subsection (3), which was substituted in the year 1995. — The amended subsection gives a right to the wife and children of the person referred to in subsection (2) of Section 12 for enrolment of their names in the electoral roll with such person if they reside with him in that electoral area, in which he is deemed to be the resident under subsections (2) — under subsection (5) of Section 12 where the residence of a State subject is in doubt, he may himself indicate the electoral area where he desires to be enrolled — Again a choice has been provided to a person for selecting the electoral area for registration of his vote. Shah Ghulam Qadir v. Sadder Gul-e-Khandan&8 others 2015 SCR 1 (L)
- Section 12 — sub-sections (1), (2), (3) & (5) — electoral rolls — residence or property in two electoral areas — option for enrolment — the phraseology implied in proviso to subsection (1), subsection (2), (3) and (5) of Section 12 confers a right in a State subject that if he has a dwelling house or other immovable property in more than one electoral areas, he is eligible to be enrolled as voter in any of the electoral areas at his option and if a State subject resides in the area different to the one where he ordinarily resides, he shall be deemed to be the resident in the former electoral area and an option has also been provided that he may indicate in writing to the Registration Officer that his ordinary residence is different, otherwise the residence different to the ordinary residence be treated as his residence for the purpose of enrolment — Subsection (5) of Section 12 again provides an option to a State Subject for determining the electoral area where he wants his vote to be registered, whenever a dispute arises in respect of his residence — Held: The definition of word “resident” provided in subsection (1) of Section 12 cannot be read in isolation — Harmonious interpretation of whole section is to be made to reconcile the whole provision — Further held: Subsection (1) of Section 12 when read with its proviso, subsections (2), (3) and (5), leads to the conclusion that a State subject has an option to get his vote registered at his own choice in any electoral area, subject to the eventualities as provided in Section 12 as a whole. Shah Ghulam Qadir v. Sadder Gul-e-Khandan&8 others 2015 SCR 1 (M)
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