| Citation(s) |
|---|
| 2019 SLG 2096 2019 SLD 2096 2019 PLJ 34 |
Sindh High Court
C.P. Nos. D-4131, D-4132 & D-4134 of 2018, decision Dated: 04.07.2018. Hearing Dated: 12.06.2018
MUHAMMAD ALI MAZHAR, JUSTICE OMAR SIAL, JUSTICE
Petitioner(s) by: Mr. Rafiq Ahmed Kalwar, Advocate Ms. Mamona Nasreen, Advocate for Election Commission of Pakistan. Mr. Jam Zeeshan, Advocate (in C.P. No. D-4131/2018).
C.P. Nos. D-4131, D-4132 & D-4134 of 2018, decision Dated: 04.07.2018. Hearing Dated: 12.06.2018
MUHAMMAD ALI MAZHAR, JUSTICE OMAR SIAL, JUSTICE
Petitioner(s) by: Mr. Rafiq Ahmed Kalwar, Advocate Ms. Mamona Nasreen, Advocate for Election Commission of Pakistan. Mr. Jam Zeeshan, Advocate (in C.P. No. D-4131/2018).
RUSTAM ALI AND OTHERS
VS
ELECTION COMMISSION OF PAKISTAN THROUGH CHIEF ELECTION COMMISSIONER, ISLAMABAD AND 2 OTHERS
Law: Elections Rules, 2017
Section: S.20,R.10(5)
Election Rules, 2017 (XXXIII of 2017)-- ----R. 10(5)--Constitution of Pakistan, 1973--Constitutional Petition--Delimitation of Constituencies--Representations--Dismissed--Population variations--Modification of constituencies--Facilitation of people of area--Challenge to--We do not find any illegality or violation which may suffice to hold that areas are not geographically compacted as compare to existing boundaries of administrative units and other cognate factors to ensure homogeneity--Impugned order reflects that Members of Delimitation Committee explained issues raised by persons including petitioners who filed their representation and Committee also took into consideration geographic conditions, proximity and impact of population variation--However, in order to facilitate people of area and public convenience, ECP partially accepted representation of some petitioners before them and modified constituencies to some extent with regard to National Assembly and Provincial Assembly constituencies--We do not find any substance in contentions raised by petitioners for upsetting entire delimitation process--Petitions dismissed. Election Rules, 2017 (XXXIII of 2017)-- ----S. 20--Principles of delimitation--Distribution of population--No doubt according to principles of delimitation laid down under Section 20 of Elections Act, 2017 a mandate has been given for delimitation keeping in mind basic facets including distribution of population in geographically compact areas, physical features, existing boundaries of administrative units, facilities of communication, public convenience and other cognate factors. THIS ORDER PASSED BY: MUHAMMAD ALI MAZHAR, J.- These Constitution Petitions have been brought to challenge the order dated 26.04.2018 passed by Election Commission of Pakistan with reference to the delimitation of Constituencies-2018, District Sanghar. Record reflects that at least 24 representations have been decided through a common impugned order but only three petitioners have challenged delimitation order in this Court. 2. The petitioners have approached this Court for setting aside the impugned order dated 26.04.2018 whereby delimitation of NA-215 Sanghar-I,…
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