Law: Elections Act, 2017

Section: 20

Law: Elections Rules, 2017

Section: R.10(5)

Elections Act (XXXIII of 2017)--- ----S. 20---Election Rules, 2017, R. 10(5)---Delimitation---Principles---Scope---Petitioner challenged the final delimitation whereby concerned district was allocated three Provincial Assembly seats---Contention of petitioner was that delimitation did not begin from northern point of the district---Validity---Population variation was well within the 10% threshold which was to be complied with pursuant to S.20 of Elections Act, 2017---Rule 10(5), Election Rules, 2017 began with the words "as far as possible..." ---Election Commission of Pakistan, therefore, could not possibly delimit each constituency by strict adherence to the Rule---Certain amount of leeway had been given by the legislature in that behalf---Election Commission of Pakistan had, therefore, had duly complied with the provisions of R.10(5) of the Election Rules, 2017---No mala fide or ulterior motive on the part of the Commission was shown---Constitutional petition was dismissed. THIS ORDER PASSED BY: OMAR SIAL, J.---- The petitioner has challenged the final delimitation order dated 16-4-2018 passed by the Election Commission of Pakistan ("ECP") in respect of PS-7, PS-8 and PS-9 of District Shikarpur. The petitioner intends to contest the General Elections, 2018 from District Shikarpur. 2. District Shikarpur has been allocated three Provincial Assembly seats for the General Elections, 2018. These are numbered PS-7, PS-8 and PS-9. After the preliminary delimitation list was issued by the Election Commission of Pakistan on 5-3-2018, ECP invited representations from all stakeholders of the constituencies to give their suggestions and recommendations on the delimitation. Consequently, 22 representations were filed (including the one made by the petitioner). The petitioner's name finds mention at serial number 14 on the list of petitioners in the impugned order. In the representation made by the petitioner, he suggested the following amendments: (i) P.S.-7 should be delimited to contain the entire Taluka Shikarpur including TC Mari of STC Lakhi. (ii) P.S.-8 should be delimited to contain the entire Taluka Khanpur including the following five areas from Taluka Lakhi: TC…

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