| Citation(s) |
|---|
| 2003 SLG 3270 2003 SLD 3270 2003 PLD 125 |
Lahore High Court
Writ Petitions Nos. 13955, 13222, 13914, 12410 and 12080 of 2002, heard on 6th August, 2002
SYED ZAHID HUSSAIN AND CH. IJAZ AHMAD, JJ
Ch. Naseer Ahmad Bhutta and A. Karim for Petitioner (in Writ Petition No. 12410 of 2002). Pir S.A. Rashid for Petitioner (in Writ Petition No. 13914 of 2002). Ch. Mushtaq Ahmad Khan for Petitioner (in Writ Petition No. 12080 of 2002). Kh. Saeed-uz-Zafar,
Writ Petitions Nos. 13955, 13222, 13914, 12410 and 12080 of 2002, heard on 6th August, 2002
SYED ZAHID HUSSAIN AND CH. IJAZ AHMAD, JJ
Ch. Naseer Ahmad Bhutta and A. Karim for Petitioner (in Writ Petition No. 12410 of 2002). Pir S.A. Rashid for Petitioner (in Writ Petition No. 13914 of 2002). Ch. Mushtaq Ahmad Khan for Petitioner (in Writ Petition No. 12080 of 2002). Kh. Saeed-uz-Zafar,
SHAHBAZ KHAN
VS
ELECTION COMMISSION OF PAKISTAN through Chief Election Commission, Islamabad
Law:
Section:
(a) Delimitation of Constituencies Act (XXXIV of 1974)-------S. 11---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Maintainability---Delimitation of constituencies ---Validity--Constitutional petition was maintainable. Rahim Shah's case PLD 1973 SC 24; Shah Jahan Khan's case 1980 CLC 544; Noorwar Jan's case PLD 1991 SC 531; Zia-ur-Rehman's case PLD 1973 SC 49; Kh. Muhammad Sharif's case PLD 1988 Lah. 725 and Shah Muhammad's case PLD 1989 SC 26 rel. (b) Delimitation of Constituencies Act (XXXIV of 1974)-- ----S. 10---Constitution of Pakistan (1973); Art. 199---Constitutional petition---Necessary parties, non-impleading of---Effect---Notification of delimitation of constituency was issued after providing hearing by Election Commission---Petitioner neither impleaded any of the objectors as respondents in the petition nor attached order of Election Commission--Vires of the order passed by Election Commission was also not challenged on the basis of which the notification was issued---Validity---Where the petitioners failed to implead the objectors as respondents, the petition would be liable to be dismissed. Rameez-ul-Haq's case PLD 1992 SC 221 and Zafar Mahmood's case 1984 CLC 115 ref. (c) Delimitation of Constituencies Act (XXXIV of 1974)-- ----S. 9---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Delimitation of constituencies---Factual inquiry---Jurisdiction of High Court under Art.199 of the Constitution---Scope---Delimitation of constituencies is based not only on the geographical situation but also on the basis of population and it is the function of Election Commission to determine the same---High Court in exercise of Constitutional jurisdiction cannot embark upon the inquiry into facts pertaining to such matters. (d) Delimitation of Constituencies Act (XXXIV of 1974)- ----Ss. 9. 10 & 10-A---Delimitation of constituencies---Adjustment without notice ---Validity---Where the population as carved out by Election Commission falls within the permissible variation, no exception in that regard can be made against the order of the Commission---Election Commission had lawful authority to make adjustments without…
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