2003 PLP 817 (CLC)

Aurangzeb Mughal for Petitioners. Muhammad Ayub Khan, Dy.A.-G. for Respondents. Dated hearing: 5th July, 2001. 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 existed, prior to the promulgation of impugned Notification be restored.

2. Mr. Aurangzeb Khan Mughal, learned counsel for the petitioners contends that in the new policy formulated for the election of Local Bodies, seats have been reserved for women but in the present situation, it is almost impossible for lady candidates to contest the election or the elected Lady Councillors to participate in the affairs of Union Council where they have no previous acquaintances at all. The disintegration of old Union Council Seer Sharki, he added, has virtually kept away a big portion of population to participate in the elections. This delimitation has created multifold problems in the area belonging to old Union Council. Seer Gharbi.

3. In compliance with the order of this Court parawise comments on behalf of respondents Nos.3 and 4 have been submitted in Court wherein it is claimed that the delimitation process was carried out in accordance with the rules on the subject and/no deviation has been made.

4. Having heard the arguments from both sides in the light of the material on the file we find the grievance of the petitioner is genuine and the impugned Notification to the extent of Union Council Seer Gharbi has prejudiced the interest of, the petitioners. It is admitted by respondents Nos.3 and 4 in their comments that in Patwari Circle Seer Sharki and Seer Gharbi; inhabitants of the locality had shown their confidence in the initial delimitation process but due to appeals against the formation of Union-Council Nathia Gali and Union Council Lora, .the combination of Union Council Gharbi had to be revised and changed. It is mentioned in the comments that the Patwari Circle Tajwal having the population 9765 could not be constituted as a separate Union Council and Patwar Circle Seer Gharbi was the only option left to resolve the controversy. Patwari Circle Seer Sharki and Patwari Circle Nagri Tootial are geographically closed to each other and in the previous delimitation of villages of Patwari Circle Seer Sharki were the parts of Union Council Nagri Tootial.

5. Resultantly, we allow the writ petition and return back the case to Delimitation Officer with direction to resolve the controversy afresh in accordance with law on the point by providing an opportunity of hearing to the parties. H.B.T./720/P Petition allowed accordingly.