Law:

Section:

North-West Frontier Province Local Government Elections Ordinance (VI of 2000)-------S. 13---Constitution of Pakistan (1973), Art. 199---Constitutional petition-- Delimitation of Union Council---Petitioners had prayed that Notification whereby delimitation of Union Council 'G' was changed and its component villages were attached to Union Council 'NT' being illegal, unjust, without jurisdiction and without lawful authority, be set aside and Status of old Union Council as it existed prior to issuance of the said notification be restored---Authorities in their comments had admitted that inhabitants of the locality had shown their confidence in initial delimitation process that the Patwar Circle in old Union Council which had population of 9765 could not be constituted as separate Union Council---Validity---Grievance of the petitioners was genuine as impugned notification to the extent of Union Council 'G' had prejudiced their interests---High Court allowed Constitutional petition and sent back case to Delimitation Officer with direction to resolve controversy afresh in accordance with law on the point by providing an opportunity of hearing to the parties. Aurangzeb Mughal for Petitioners. Muhammad Ayub Khan, Dy.A.-G. for Respondents. Dated hearing: 5th July, 2001. JUDGMENT Khawas Khan and 5 others petitioners have filed instant writ petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 against Government of N.-W.F.P. through Secretary for Local Bodies and Rural Development Department, Peshawar and three others respondents for declaration to the effect that Notification No.PEA-1(2)/2000 dated 15-4-2001, whereby the delimitation of old Union Council Seer Gharbi, District Abbottabad was changed and its component villages situated within premises of Patwari Circle of Seer Sharki, Bhatian and Taror, were attached to the Union Council Naghri Tootial is illegal, unjust and without jurisdiction and without lawful authority. A prayer has been made to the effect that on acceptance of the writ petition in hand, the impugned notification to the extent of Union Council, Seer Gharbi may be set aside and the status of old Union Council as it…

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