Law: Delimitation of Constituencies Act, 1974

Section: 10A(3)

Law: Delimitation of Constituencies Act, 1974

Section: 10A(3)

Law: Representation of the People Act, 1976

Section: 57

Delimitation of Constituencies Act (XXXIV of 1974)-------S. 10A---Representation of the People Act (LXXXV of 1976), S.57---Constitution of Pakistan, Art.199---Constitutional petition---Delimitation of constituencies---Election Commission, powers of---Amendments/alterations in constituencies were made by Election Commission on the direction of Supreme Court---Petitioner assailed amendment and alteration/modification in final list of constituencies on the ground that after finalization of voters' list no change in constituencies could be made---Validity---At the dint of section 10A of Delimitation of Constituencies Act, 1974, starting with non-obstante clause, "notwithstanding", Election Commission was fully empowered that it could, at any time, of its own motion, make such amendments, alterations or modifications in final list of constituencies published under S.10A (3) of Delimitation of Constituencies Act, 1974, or in the areas included in a constituency as it would think necessary---In case the petitioner felt that there was any room for interpretation or clarification of the same, High Court observed that it would be appropriate for them to have approached Supreme Court---Any interference in election process at such belated stage would cause interruption in the process and delay the same---High Court could only interfere in election matters if interference was to sub-serve the election, election process and not to interrupt or interfere with election or election process---Petitioners, if permissible under the law and if so advised, could either approach the Supreme Court and or file appeal before Election Tribunal, constituted under S.57 of Representation of the People Act, 1976---Petition was dismissed accordingly. Wattan Party and others v. Federation of Pakistan and others PLD 2011 SC 997; Joy Joseph and others v. The Electoral Registration Officer and another W.P. (C) No.28832 of 2010; Mathai K.V. v. State of Cooperative Election Commission and others, 2007(2) KLJ 194, W.P. (C) No.8708 of 2007; Dashemsh Sewa Society and another v. Lt. Governor of Delhi and others 2012 IVAD (Delhi) 174 W.P.(C) 4166 of 2011; Jalaluddin Ahmed v. Matiu Rahman and others,…

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