Law:

Section:

(a) Delimitation of Constituencies Act (XXXIV of 1974)--- ----Ss. 10, 8 & 9----Punjab Local Government Act (XVIII of 2013), Ss.8 & 9---General Clauses Act (X of 1897), S.24-A---Constitution of Pakistan, Arts.10-A, 218, 219 & 222---Delimitation process---Principles---Reports of Commission and list of constituencies---Objections against delimitation process---Right to fair trial---Election Commission, duty of---Petitioners, preferred objections against delimitation of their constituencies, which were rejected by Delimitation Officer---Contention raised by petitioner was that the delimitation process had been conducted in disregard of all prescribed laws, rules and instructions---Validity---Part III of Chapter II of Instructions issued by Election Commission prescribed responsibilities of Delimitation Authorities, and Item No.37 of said Instruction cast duty upon Delimitation Authorities to hold inquiry, summon witnesses and record evidence for purpose of deciding objections preferred before it---Delimitation Authority had not followed the said basic requirements while deciding objection petitions or representations of petitioners---Impugned orders of Delimitation Authority were in oblivion of mandatory provisions of law, and the same also lacked any lawful reasoning for acceptance or rejection of objections---Impugned orders also offended provisions of Art.10-A of Constitution---Any order passed by the Authority in exercise of its powers was expected to carry reasoning and be speaking order---Section 24-A of General Clauses Act, 1897 bound down even the Executive to assign reasoning and pass speaking order, while determining rights of parties---High Court, declaring impugned orders as illegal, unlawful, restored all objection petitions and directed the Delimitation Authority to re-adjudicate the same in accordance with the law and Instructions---Constitutional petition was allowed in circumstances. Government of Pakistan through Director-General, Ministry of Interior, Islamabad and others v. Farheen Rashid 2011 SCMR 1; Messrs United Wollen Mills Ltd. Workers' Union v. Messrs United Wollen Mills Ltd. 2010 SCMR 1475 and Fasih-ud-Din Khan and others v.…

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