| Citation(s) |
|---|
| 2019 SLG 2444 2019 SLD 2444 2019 PLJ 163 |
Sindh High Court
C.P.Nos. D-3836, 3989, 3927, 3990, 4030, 4031 & 4032 of 2018, decision Dated: 06.07.2018. Dates of hearing: 22 & 28.6.2018.
MUHAMMAD ALI MAZHAR, JUSTICE OMAR SIAL, JUSTICE
Petitioner(s) by: Mr. Asfandyar, Advocate (in C.P. No. D-3836 of 2018). Mr. Ali Almani, Jam Zeeshan Ali and Sami-ur-Rehman Khan, Advocates (in C.P. No. D-3989 & 3990 of 2018 and intervener in C.P. No. D-3836 of 2018). Mr. Abdul Jabbar Belai, Advocate (i
C.P.Nos. D-3836, 3989, 3927, 3990, 4030, 4031 & 4032 of 2018, decision Dated: 06.07.2018. Dates of hearing: 22 & 28.6.2018.
MUHAMMAD ALI MAZHAR, JUSTICE OMAR SIAL, JUSTICE
Petitioner(s) by: Mr. Asfandyar, Advocate (in C.P. No. D-3836 of 2018). Mr. Ali Almani, Jam Zeeshan Ali and Sami-ur-Rehman Khan, Advocates (in C.P. No. D-3989 & 3990 of 2018 and intervener in C.P. No. D-3836 of 2018). Mr. Abdul Jabbar Belai, Advocate (i
SYED TAHIR HUSSAIN SHAH AND OTHERS
VS
ELECTION COMMISSION OF PAKISTAN AND OTHERS
Law: Constitution of Pakistan, 1973
Section: 199
Law: Elections Rules, 2017
Section: R.10(5)
Law: Elections Act, 2017
Section: 20
Constitution of Pakistan, 1973-- ----Art. 199--Election Act, 2017, S. 20--Election Rules, 2017, R. 10(5)--Filling of representation--Delimitation of constituencies--Allegation of gerrymandering--Delimitation order--Principles of delimitation--Challenge to--Basic principles of delimitation such as distribution of population in geographically compact areas, physical features, existing boundaries of administrative units, facilities and contiguity--If at this stage, any TC is broken which is otherwise not permissible under law then it will amount to change complexion of entire delimitation--Mere leveling of allegations cannot prove anything except some concrete and cogent reasons are placed on record to prove allegations of gerrymandering--Delimitation has been carried out by ECP which is an independent constitutional body--Without any proper details and substance in allegations of favoritism or biasness, we recuse ourselves to give any findings on this point--At stage of preliminary delimitation, a mechanism and course of action was laid down for aggrieved person to file proposals in form of a representation and on filing such representation, it turns out to be responsibility and obligation of ECP to decide it in accordance with law--Presentation given to us through maps makes it unequivocally translucent that all basic principles required to be cope with at time of delimitation have been adhered to and we do not find any justification to disturb or interfere in impugned order--Petitions dismissed. THIS ORDER PASSED BY: MUHAMMAD ALI MAZHAR, J.- 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…
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