1984 PLP 2198 (CLC)

‑‑ R. 7 (6)‑Manual of Instructions for the Revision of Delimitation of Electoral Units of Local Councils, para. 23‑Local council‑Revision of delimitation of electoral units‑Foremost principles‑Equality of population of electoral units and geogra phical compactness. ‑‑ Art. 199‑Punjab Local Councils (Election) Rules, 1979, r. 7(6) Delimitation of electoral units‑Delimitation Authority bringing delimitation of electoral units in conformity with principles of equality of population of electoral units and geographical com pactness but in appeal such method was changed‑Election Authority on a petition separately submitted, restoring delimitation proposed by Delimitation Authority‑‑He/d, since Appellate Authority did not bear in mind cardinal principle of equality of population of electoral units and geographical compactness, Election Authority rightly set aside order, in circumstances. JUDGMENT ABDUL WAHEED, J.‑The petitioner has invoked the writ jurisdiction of this Court to assail the validity of an order passed by the Election Authority, respondent No. 1, on 6th of July, 1983 with regard to delimitation of Electoral Units Nos. 4 and 5 of District Council, Bhakkar.

2. The preliminary delimitation of the Electoral Units was carried out by the Additional Deputy Commissioner (General)/Delimitation Officer, District Bhakkar, respondent No.

3. According to his proposal, Electoral Unit No. 2 comprised villages, namely, Gauharwala, Mahni and Haiderabad, with a total population of 63,018, while Electoral Unit No. 3 consisted of villages, namely, Littan, Mankera and Chak No. 67/ M.L. with a total population of 48,

870. The petitioner raised objections to the above proposal. The Delimitation Officer submitted his proposal alongwith the objections and his recommendations against them to the District and Sessions Judge/Appellate Authority, Bhakkar, respondent No. 2, who, vide his order, dated 9th of June, 1983 modified the pro. posed delimitation on the ground that it lacked geographical compact ness. He directed that Electoral Unit No. 2 should combine villages, namely, Gauharwala, Mahni and Littan with a total population of 47,682 and villages, namely, Haiderabad, Mankera and Chak No. 67/ M. L. with a total population of 54,306 should be assigned to Electoral Unit No. 3.

3. Malik Muhammad Iqbal and Aman Ullah, respondents Nos. 4 and 5 challenged the order passed by the Appellate Authority by separate petitions before the Election Authority, respondent No.

1. The Election Authority vide its order, dated 6th of July, 1983 accepted the petitions and restored the delimitation of Electoral Units Nos. 4 and 5 as proposed by the Delimitation Officer observing that the difference of population in the Electoral Units as delimited by the Delimitation Officer is 4,148, where as in the case finalized by the Appellate Authority it is 6724 and "the delimitation as proposed by the Delimitation Officer has been done by keeping in view the two basic principles governing the delimitation viz. equality of population of electoral units and geographical compactness which principles and in particular the one regarding avoiding disparity of population had been lost sight of while finalising the list."

4. The petitioner feels dissatisfied with the order of the Election Authority.

5. The main contention pressed into service by the learned counsel for the petitioner is that the jurisdiction exercised by the Election Authority in setting aside the order of the Appellate Authority offends against sub‑rule (6) of rule 7 of the Punjab Local Councils (Election) Rules, 1979. According to this sub‑rule, the Election Authority may examine the record relating to the delimitation of an electoral unit of any Local Council and direct the Delimitation Officer to correct any error or to bring the delimitation of the electoral unit in conformity with any direction earlier given by the Authority. He argues that since the delimitation as finalized by the Appellate Authority was not vitiated by any error or contravention of any direction given earlier by the Election Authority, it did not have jurisdiction to interfere with the matter. The contention has no force. Paragraph 23 of the Manual of Instructions for the revision of delimitation of electoral units of local Councils unequivo cally envisages that the first and foremost principle of delimitation of electoral units of a local council is equality of, population. The Appel late Authority while delimiting Electoral Units 4 and 5 did not obviously bear in mind this cardinal principle, as rightly observed by the Election Authority in the impugned order. The difference of population in the electoral units in the delimitation as proposed by the Delimitation Officer is 4,148 which increased to 6,724 in that as approved by the Appellate Authority. Besides, the electoral units, as formed by the Delimitation Officer are more compact geographically as the distance between the far ends is less in this case.

6. In view of the foregoing observations, we find that the impugned order passed by the Election Authority does not militate against law. Accordingly this petition is dismissed. The parties are however, left to bear their own costs. M. Y. M. Appeal dismissed.