Case Details

Citation(s)
2014 SLG 739 2014 SLD 739 2014 YLR 1583
Lahore High Court
Writ Petitions Nos. 14024, 14023 and 14757 of 2013, decided on 19-12-2013.
ABID AZIZ SHEIKH, JUSTICE
Haji Muhammad Tariq Aziz Khokhar for Petitioners (in Writ Petition No.14024 of 2013). M. Aftab Alam Yasir and Kamal Farid Malik for Petitioners (in Writ Petition. No.14023 and 14757 of 2013). Rana Muhammad Hussain, A.A.G. along with Syed Masood Ahmad Sh

GHULAM MUSTAFA AND 5 OTHERS

VS

COMMISSIONER/DELIMITATION AUTHORITY, D.G. KHAN DIVISION, DERA GHAZI KHAN AND 5 OTHERS

Law:

Section:

Punjab Local Government Act (XVIII of 2013)--- ----Ss.8, 10-A & 11---Punjab Local Governments (Delimitation) Rules, 2013, Rr.5 & 6---Constitution of Pakistan, Art. 199--- Constitutional petition---Delimitation of union councils---Finality of delimitation---Principle---Petitioner was aggrieved of notification issued by authorities regarding delimitation of constituencies in question---Validity---Delimitation Officer had jurisdiction to carry out delimitation of Union Councils and wards or even for its revision whereas under R. 6 of Punjab Local Governments (Delimitation) Rules, 2013, Delimitation Officer would call for proposals, objections, suggestions and recommendations and DelimitationAuthority could make further changes in delimitation of union councils and wards---Functionaries including Delimitation Officer and Delimitation Authority had no jurisdiction to include certain Mauzas (villages) in Municipal Committee concerned---High Court declined to interfere in delimitation process of union councils and wards at such stage when entire process of delimitation was already finalized by competent authorities and election schedule had been announced---Delimitation of constituencies based on geographical compactness and equal distribution of population was the function of Delimitation Authority and unless there was jurisdictional defect, High Court could not embark upon factual inquiry on such issues---Petition was dismissed in circumstances. Federation of Pakistan through Secretary Defence and others v. Abdul Basit 2012 SCMR 1229; Syed Hassan Mehdi and others v. Province of Punjab and others PLD 2011 SC 916; Munir Hussain Bhatti, Advocate and others v. Federation of Pakistan and another PLD 2011 SC 407; Chief Justice of Pakistan Iftikhar Muhammad Chaudhry v. President of Pakistan through Secretary and others PLD 2010 SC 61; Hafiz Muhammad Siddique Anwar v. Faisalabad Development Authority and others 2007 SCMR 1126; Begum Syeda Azra Masood v. Begum Noshaba Moeen and others 2007 SCMR 914; Allied Bank of Pakistan Ltd. v. Khalid Farooq 1991 SCMR 599; Raja Muhammad Dad Khan, Advocate v. West Pakistan Bar Council, Lahore and another PLD 1975 SC 469; Mehr Din…
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