Law:

Section:

(a) Constitution of Pakistan--- ----Art. 199---Delimitation of Constituencies Act (XXXIV OF 1974), S.8--- Constitutional petition--- Maintainability--- Joint Census Commissioner, office of---Scope---Erroneous inclusion of census blocks in a Union Council---Filing of Constitutional petition before the High Court challenging such inclusion---Non-impleadment of Federal or Provincial Government---Effect---Joint Census Commissioner, was alleged to have erroneously included additional census blocks in a Union Council---Joint Census Commissioner did not form part of Federal or Provincial Governments and was a legal person for all intents and purposes---Petitioner had not prayed for any relief against the Federal or Provincial Government---Constitutional petition was held to be maintainable in such circumstances. (b) Delimitation of Constituencies Act (XXXIV of 1974)--- ----Ss. 8 & 10---Constitution of Pakistan, Art. 199---Constitutional petition---Delimitation of constituencies---Controversy regarding inclusion of certain census blocks by the Joint Census Commissioner in a constituency and union council of a different city---Election Commission, powers of---Scope---Election Commission of Pakistan had to delimit, reconstitute, alter or modify the final list of constituencies---Present controversy could only be set at naught by way of referring the matter to the Election Commission, which after holding hearing and associating all the stakeholders was competent to pass an order---Joint meeting was held between the District Administrations of the two cities and the Joint Census Commissioner, and on the basis of said meeting, a joint visit was made and recommendations were made by the revenue field staff---High Court directed the Joint Census Commissioner to send said recommendations to the Election Commission, which may decide the present controversy after associating all stake holders and shall pass an order in consonance with the Delimitation of Constituencies Act, 1974---Constitutional petition was disposed of accordingly. JUDGMENT SHAH KHAWAR, J.--- Through this writ petition, the petitioner has called in question the inclusion of 39 census blocks of Union Council…

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