| Citation(s) |
|---|
| 2014 SLG 1647 2014 SLD 1647 2014 CLC 335 |
Sindh High Court
Constitutional Petitions Nos.D-5098, 4559, 4463, 4521, 4803,5023, 5080, 5091, 5104, 5172, 5294, 5329, 5369, 4724, 4763,5325 and 5404 of 2013, decision dated: 26-12-2013.
MUHAMMAD ALI MAZHAR AND SADIQ HUSSAIN BHATTI, JJ
Constitutional Petitions Nos.D-5098, 4559, 4463, 4521, 4803,5023, 5080, 5091, 5104, 5172, 5294, 5329, 5369, 4724, 4763,5325 and 5404 of 2013, decision dated: 26-12-2013.
MUHAMMAD ALI MAZHAR AND SADIQ HUSSAIN BHATTI, JJ
M.Q.M. and otherssvsPROVINCE OF SINDH and others
Law:
Section:
(a) Words and phrases-------"Gerrymandering"----Meaning---Gerrymandering was a practice in the process of setting electoral districts that attempted to establish a political advantage for a particular party or group by manipulating district boundaries to create partisan advantaged districts---Resulting district was known as a "gerrymander", however, said word could also refer to such a process--When used to allege that a given party was gaining disproportionate power, the term "gerrymandering" had negative connotations. Ref: http://en.wikipedia.org/wiki/Gerrymandering ref. (b) Delimitation of Constituencies Act (XXXIV of 1974)--- ----S. 9---"Delimitation of electoral districts"---Meaning and principles---"Gerrymandering"---Meaning---Boundary delimitation was the drawing of boundaries, particularly of electoral precincts, states, counties or other municipalities, and in the context of elections, it could be called redistribution in order to prevent unbalance of population across districts---Unbalanced or discriminatory delimitation was called "gerrymandering"---Electoral districts were delimited in different ways; sometimes they were drawn based on traditional boundaries, sometimes based on the physical characteristics of the region and, often, the lines were drawn based on the social, political and cultural contexts of the area---Delimitation was a serious business which could not be done in a slipshod manner or in spur of the moment but it required hectic and strenuous efforts. (c) Interpretation of statutes--- ----Proviso to a section---Scope and function---Proviso attached to any section could not be read in isolation---Powers given in the proviso could not be uncontrolled or independent to the original section---Normal function of a proviso was to except something out of the enactment or to qualify something enacted therein, which but for the proviso would be within the purview of the enactment---When the enacting portion of a section was not clear a proviso appended to it might give an indication as to its true meaning. (d) Interpretation of statutes--- ----Intention of legislature---Determination---Intention of the legislature was primarily to be gathered…
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