Law: Punjab Local Government Act, 2013

Section: 7,8,9,10,18,64

Law: Constitution of Pakistan, 1973

Section: 8,260,140A,142(c),199,219(d),222(b),140A (2),218(3),222,17(2),219(a)(c),140A(1)

(a) Punjab Local Government Act (XVIII of 2013)--- ----Ss. 7, 8, 9, 10---Constitution of Pakistan, Arts. 140A, 142(c), 199, 219(d) & 222(b)---Constitutional petition---Local Government Elections to be held in Punjab province---Delimitation of constituencies, process of---Power of delimitation of constituencies conferred on the Provincial Government at the exclusion of the Election Commission of Pakistan by virtue of Ss. 7, 8, 9 & 10 of Punjab Local Government Act, 2013---Constitutionality---Plea of petitioners that Art.222(b) of the Constitution visualized delimitation of constituencies for Local Government elections to be carried out by the Election Commission, therefore the process of delimitation was a necessary arrangement to be made by the Election Commission to ensure honest, just, fair and lawful elections---Validity---Articles 140A(2) & 219(d) of the Constitution contemplated the election to the Local Governments "to be held" by Election Commission of Pakistan---Delimitation of constituencies and preparation of electoral rolls were inceptional steps meant to enable elections---Such steps were anterior to the holding/conduct of elections---Starting point of the election process was understood to be notification of the election schedule or program that followed after the said inceptional steps had been taken---Article 222(b) of the Constitution visualized the Election Commission to carry out delimitation of constituencies under an enabling law to be framed by Parliament---No such law had been framed by the Parliament on the subject of delimitation of constituencies of Local Governments---Only law on the said subject was the Punjab Local Government Act, 2013---Power to frame laws in relation to Local Government elections was vested in the Provincial Assembly pursuant to Art.142(c) of the Constitution---Punjab Local Government Act, 2013 was promulgated in exercise of said legislative power competently as valid law---Article 140A of the Constitution gave Provinces the power and authority to choose the appropriate mode in which the Local Government election process, including the pre-election stage of preparation of electoral rolls and the…

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