Case Details

Citation(s)
2016 SLG 2029 2016 SLD 2029 2016 PLJ 174
Lahore High Court
W.P. Nos. 2213, 2292, 2293, 2155, 2153, 2269 & 2272 of2015, heard on 1.10.2015. Heard on: 1.10.2015
MAHMOOD AHMAD BHATTI, JUSTICE
Raja Shafqat Khan Abbasi, Advocate for Petitioners (in W.P. No. 2213-2015), Mr. Tanvir Iqbal, Advocate for Petitioners (in W.P. Nos. 2292 & 2293-2015), Mr. Munir Ahmad Kiyani, Advocate for Petitioners (in W.P. No. 2155-2015), Mr. S.A. Mehmood Khan Saddoza

HAROON ABBASI, ETC.VSGOVERNMENT OF PUNJAB, ETC.

Law: Punjab Local Government Act, 2013

Section: 10-A

Punjab Local Government Act, 2013---.--- ---.---S. 10-A---.---Delimination of Constitution Act, 1974, Ss. 6 & 9---.---Constitution of Pakistan, 1973, Art. 199---.---Constitutional petition---.---Election of local government---.---Abolition of union council---.---Finality of delimitation---.---Order of delimitation officer as well as delimitation authority---.---Division of union council into two union councils---.---Validity of order---.---Vested with powers and invested with jurisdiction to create or abolish a union council---.---Challenge to---.---It falls outside scope, range of powers and functions of election commission, a delimitation officer or a delimitation authority to create or abolish a union council---.---Exceeded their powers and jurisdiction, their actions impugned in these petitions are declared without lawful authority and of no legal effect---.---Process of delimitation resulting in creation or extinguishment of union councils is to be carried out afresh to bring it in accord with law---.---Election Commission shall announce fresh election schedule, after undertaking and completing proceedings of delimitation---.---Petitions were allowed. THIS JUDGMENT DELIVERED BY: MAHMOOD AHMAD BHATTI, JUSTICE:---.--- By this single judgment, I am disposed to dispose of W.P.Nos. 2213, 2292, 2293, 2155, 2153, and 2272 of 2015 for the reason that common questions of facts and law are involved in all these petitions. They arise from the orders made by the Delimitation Officers and the Delimitation Authorities, who carried out delimitation of constituencies and dealt with appeals preferred by voters and candidates. 2. In W.P.No. 2213 of 2015, the petitioners assailed the validity of the order dated 25.7.2015 passed by the Delimitation Authority, Rawalpindi Division, whereby he dismissed the petitions of the petitioners throwing a challenge to the order of the Delimitation Officer, who had abolished Union Council Numbal and created a new Union Counsel, namely, Dhar Java. In W.P. Nos. 2292 and 2293 of 2015, the abolition of Union Council Sakoot, Tehsil Kallar Syedan, District Rawalpindi was called into question. In W.P. Nos. 2155 and 2153 of 2015, the…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register