1999 PLP 2813 (MLD)

The petitioner questioning the validity of de-limitation of the local area being aggrieved of the orders dated 3-3-1998 and 20-3-1998 passed by respondents Nos.1 and 2 respectively, has filed this petition. Learned counsel contends that the above-said orders being in violation of section 14 of the Punjab Local Government Ordinance, 1979 are illegal and without lawful authority The objection raised by the petitioner was that respondent No.3 during the de limitation process abolished the Union Council Koranga with exclusion of Mauza Koranga from existing Union Council and created a new Union Council with the name of Union Council Chak No.9, Ghagh and that village Haveli Koranga where the petitioner is enrolled as voter has been made part of Union Council Daduana and a major portion of Abadi of above-said Union Council has been made 'a part of Union Council Chak No.9 Ghagh. The de-limitation of Union Council without keeping in view the Geographical continuity, the compactness and public convenience was against the law on the subject.

2. Having heard the learned counsel and going through the orders under attack, I have not been able to find out any legal infirmity in the matter to entertain the objects of the petitioner in this Constitution petition.

3. The Commissioner, Multan Division, respondent No.2, while dismissing the appeal of the petitioner through order, dated 3-3-1998 observed that the population of Union Council Daduana was less than the permissible limit and it was inevitable to add some Abadi of the adjoining union council to make up the deficiency, therefore, Mouza Haveli Koranga was attached with Union Council Dadua. It was further observed that the de-limitation officer while demarcating the Union Councils fully observed that geographical contiguity, public convenience and compactness. The petition filed by the petitioner before the Election Authority on the subject also failed.

4. The de-limitation of the Union Council having been made in accordance with the scheme and the need of area, the learned counsel has not keen able to pint out any illegality or irregularity therein except the grievance that Haveli Koranga has been attached with another Union Council. The question of geographical contiguity and compactness being a question of fact having been replied by respondents with reference to the record produced before them is not supposed to be re-opened and agitated before this Court through this Constitution petition.

5. I have not been able to persuade myself from the arguments that deletion of some portion of a union council during the de-limitation was in violation of section 14 of the Punjab Local Government Ordinance, 1979. The petition, therefore, having no merits is dismissed in limine. Q.M.H./M-914/L Petition dismissed.