Law:

Section:

(a) Census Ordinance (X of 1959)--- ----Ss. 3 & 7---Constitution of Pakistan, Arts: 130 (6), 151 (5) & 199-Constitutional petition---Census, stopping of---Judicial power---Responsibilities of Ministers-Sitting Ministers of Provincial Assembly sought intervention of High Court to stop the authorities from conducting census in Balochistan Province---Plea raised by the petitioners was that there was a large number of Afghan refugees and adverse law and order situation was prevailing in the province which was not conducive to hold census---Since, after the invasion of Afghanistan, six general elections had been held in Pakistan but question of Afghan refugees was not raised---Number of Afghan refugees had considerably decreased over time and position with regard to them was much better than the one prevailing in years, 1981 or 1998, when last two censuses were held or when previous six general elections took place---Principal responsibility for maintenance of law and order was of the government and two petitioners were sitting ministers, therefore, they were effectively expressing no-confidence in their own government and thus in their own ability---Such petitioners should spend their energies in trying to improve law and order situation rather than to use the same as a pretext to stop a legal and sanctioned activity of the State i.e. holding of census---Petitioners in their capacity as Ministers of the Government were "collectively responsible" in terms of Art.130(6) of the Constitution, therefore, their demand of stopping census by effectively citing their own failure was surprising---Successful Nations do not cite excuses to delay or postpone what requires to be done because of some difficulty but rise to the occasion to overcome the same---Petitioners or people of Balochistan should have no objection to the census taking place, as seats in National Assembly were to be allocated "on the basis of population in accordance with the last preceding census officially published", therefore, if Balochistan would record the actual population it might have more members in National Assembly and thus a greater say in the affairs of Pakistan---Political decision…

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