Law: Elections Act, 2017

Section: 19,20,21

Law: Elections Rules, 2017

Section: R.10(5)

Elections Act (XXXIII of 2017)--- ----Ss. 20, 21 & 19---Elections Rules, 2017, R.10(5)---Delimitation of constituencies---Principles---Representation against delimitation done by the Election Commission---Proposal for delimitation put forth by aggrieved person---Scope---Mechanism and course of action was laid down under the law, for an aggrieved person to file proposal in form of a representation at the stage of preliminary delimitation and on filing of such representation(s), it was the responsibility and obligation of the Election Commission to decide the same in accordance with law---Law did not allow that whatever proposal placed by a voter or objector was to be accepted by the Election Commission in letter and spirit in all circumstances as a vested right---Contesting elections and right of franchise was a Fundamental Right but to contest election on basis of delimitation at one's own philosophy and aspiration was not a Fundamental right. M.Q.M. and others v. Province of Sindh 2014 CLC 335 and Arshad Mehmood v. Commissioner-Delimitation Authority, Gujranwala and others PLD 2014 Lah. 221 distinguished. Federation of Pakistan and others v. Haji Muhammad Saifullah Khan PLD 1989 SC 166 rel. THIS ORDER PASSED BY: MUHAMMAD ALI MAZHAR, JUSTICE:---.--- These Constitution Petitions have been brought to challenge the order dated 24.04.2018 passed by the learned Election Commission of Pakistan on the representations filed with regard to delimitation of constituencies-2018, Sukkur district. It appears from the impugned order that 14 individual representations were filed which were disposed of by ECP through a consolidated order. Keeping in mind some suggestions given by persons in their representations, certain modifications were made by ECP in the final delimitation order for NA-206 and NA-207 as well as in PS-22, PS-23 and PS-25. 2. Learned counsel for the petitioners in C.P. No.D-3836/2018 pointed out the representation and the name of petitioner which is appearing at Sr. No. 14 in the order. He placed some proposals in his representation for PS-22 and PS-25. Learned counsel argued that the impugned order on the face of it seems to be in violation of Section 20…

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