Law:

Section:

  Electoral College Act (IV of 1964), S. 57-----Delimitation of units of Basic Democracies-Within powers of Government-Exception when done in violation of all principles and in contravention of all practical advantages-Government competent to tag a unit of urban area with that another rural area. There is no prohibition in any of the laws for the Govern ment to de-urbanise an area. If an urban area lies within the jurisdiction of a Municipality, and if that area has to be de-urbanised, a notification under section 7 of the Municipal Ordinance has to be published to take it out of the Municipal limits which automatically de-urbanises the area. In the case of an urban area which is not within the limits of a Municipality, no notification, to de-urbanise it is necessary. Except where it is so done in violation of all principles and in contravention of all practical advantages there is ample power in the Provincial Government under section 57 of the Electoral College Act to re-adjust the Councils and Committees of the Basic Democracies by allotting the units from one to the other and to tag one unit with another Union Council or Union Committee. Province of East Pakistan v. Sirajul Haq Palwari P L D 1966 S C 854 rel. Dates of hearing: 30th July and 6th August 1968.   JUDGMENT SIDDIQI, C. J.-This is an application by one Kabiruddin Ahmed challenging the validity of the notification being No. S-X/IE-48/65/446 dated 16th August 1965, issued under section: 57 of the Electoral College Act, 1964, regrouping the electoral units in the District of Bakarganj. The case of the petitioner is that he is a member of the Electoral College from Unit No. 323 of Nalchity Town Committee which lies within the district of Barisal. Nalchity Town, according to the petitioner, had a Municipality from as far back as 1875 A. D. until 1960 A. D. with nine Commissioners to re present the interests of the citizens of the town. At the time when the Basic Democracies Order, 1959 came into operation, there were four elected members and two nominated members of the Nalchity Town Committee, and it was, under the said Basic Democracies Order, declared to be a Town Committee. The…