Law: Constitution of Pakistan, 1962

Section: 98

Law: Electoral College Act (IV of 1964)

Section: 6(2)

(a) Interpretation of Statutes-   Provision requiring doing of thing in particular manner-Will of Legislature to be carried into effect-Mere non-compliance, however, with directory provision of law-Does not render act itself illegal.   (b) Constitution of Pakistan (1962),   Art. 98-Question of fact not capable of being resolved by means of affidavit-Petition cannot be entertained.   (c) Electoral College Act (IV of 1964),   S. 6(2)-Expression "distribution of population"-Requirement in respect of population-Merely directory-Number of voters on voters' list-Not true index of population.   Writ Petitions Nos. 407 and 409 of 1964 (unreported) ref.   Md. Meser Ali for Petitioner.   Md. Nurul Huda, Deputy Attorney-General and Syed A. B. Mahmood Hussain, Senior Government Pleader for Respondents.     JUDGMENT   A. S. CHAUDHRY, J.-Petitioner Mainuddin Ahmed prays for a declaration that the final list of Electoral Units as published on 30-7-64 in respect of the Unit No. 1 of Kadam Rasool Union Committee is illegal and of no legal effect.   The petitioner's case, briefly stated, is that he is the Chairman of the Kadam Rasool Union Committee and that the Delimitation officer has published a final list of Electoral Units in respect of the Unit No. 1 of Kadam Rasool Union Committee of Narayanganj Municipality in complete disregard of the provisions of law. It is also alleged that he acted mala fide in the matter.   It is stated in the petition and not denied in the affidavit?-in-opposition that there was a circular issued by the Provincial Election Authority number being Circular No. 1 dated the 4th May 1964 in which a direction was given as follows:-   "It should be ensured that the population in no unit exceeds 1,600 or is less than 1,000. Where these limits have to be departed from, you will report the matter immediately giving full reasons to the Provincial Election Authority."   It has also been stated in the said instruction that the Officer's concerned: "will have to reply upon such estimate or population figures as you and your staff can reasonably make…