| Citation(s) |
|---|
| 2019 SLG 1382 2019 SLD 1382 2019 PLD 43 |
Sindh High Court
Constitutional Petitions Nos. D-4225, D-4358 and D-4364 of 2018, decision Dated: 05-07-2018. Hearing Dated: 21-06-2018.
MUHAMMAD ALI MAZHAR, JUSTICE OMAR SIAL, JUSTICE
Petitioner(s) by: Ch. Atif Rafiq (in C.P. No.D-4225/2018). Syed Mureed Ali Shah, in person (in C.P. No.D-4358/2018 and for Interveners (in C.P. No.D-4225/2018). Ms. Memona Nasreen for Election Commission of Pakistan.
Respondent(s) by: Ms. Rukhsana Meh
Constitutional Petitions Nos. D-4225, D-4358 and D-4364 of 2018, decision Dated: 05-07-2018. Hearing Dated: 21-06-2018.
MUHAMMAD ALI MAZHAR, JUSTICE OMAR SIAL, JUSTICE
Petitioner(s) by: Ch. Atif Rafiq (in C.P. No.D-4225/2018). Syed Mureed Ali Shah, in person (in C.P. No.D-4358/2018 and for Interveners (in C.P. No.D-4225/2018). Ms. Memona Nasreen for Election Commission of Pakistan.
Respondent(s) by: Ms. Rukhsana Meh
SARDAR MUHAMMAD USMAN ALMANI AND 2 OTHERS
VS
ELECTION COMMISSION OF PAKISTAN AND OTHERS
Law: Elections Act, 2017
Section: 19,20,21
Law: Constitution of Pakistan, 1973
Section: 17
Law: Elections Rules, 2017
Section: R.10,10(5)
Elections Act (XXXIII of 2017)--- ----Ss. 20, 21 & 19---Elections Rules, 2017, R. 10---Constitution of Pakistan, Art. 17---General Elections---Delimitation of constituencies---Draft proposals for delimitation of constituencies---Principles of delimitation of constituencies---Preliminary delimitations---Representations against (or proposals for) delimitation(s) done by Election Commission---Role of the Election Commission---Vested right of candidate(s)/voters of a constituency vis- -vis delimitation---Scope---Principles for delimitation were provided under S. 20 of the Elections Act, 2017 under which as far as practicable, constituencies may be delimited with regard to factors stated in the said section---Section 20 of the Elections Act, 2017 provided that as far as possible, variation in population for constituencies shall not ordinarily increase ten percent and if it was so exceeded, Election Commission shall record reasons in writing for the same---Law provided for right to submit proposals by means of representation before Election Commission for making changes and modifications in preliminary delimitation of a constituencybut after considering all cognate factors, it was the sole responsibility of the Election Commission to finalise delimitation---No one could claim vested right that his / her representation to the Election Commission be accepted by the Election Commission nor any person could carve out/delimit a constituencyaccording to his/her desires. THIS JUDGMENT DELIVERED BY: MUHAMMAD ALI MAZHAR, J.--- These Constitution Petitions have been brought to challenge the order dated 26.04.2018 passed by the learned Election Commission of Pakistan on the representations moved by different persons with regard to delimitation of constituencies of Naushahro Feroz. It seems from the impugned order that 29 representations moved by different persons were decided through a consolidated order and after considering pros and cons, the learned Election Commission of Pakistan made some modification in the preliminary delimitation with regard to NA-211 and NA-212 as well as in PS-33, PS-34 and PS-35, Naushahro Feroz. 2. Learned counsel for the petitioner in C.P.…
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