Delimitation of union councils

2016 PLD 63 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Ss. 10 & 12Delimitation of Constituencies Act (XXXIV of 1974), Ss.3-A, 6 & 9Constitution of Pakistan, Arts.199 & 140-A(2)Constitutional petitionDelimitation of union councilsCharacteristics of local areaDelimitation of constituencies etc. for local government elections

Petitioner challenged delimitation process and validity of notification issued by Provincial Government in exercise of its powers under S.10(1) of Sindh Local Government Act, 2013 [as amended under Sindh Local Government (Amendment) Act, 2015]

Contention raised by petitioners was that only Election Commission could undertake process of holding elections in terms of Art.140-A(2) of the Constitution

Validity-Power of Government to issue notification in terms of S.10(1) of Sindh Local Government Act, 2013 was not amenable to any question

Such notifications could not be declared ultra vires the Constitution

Process of determining number of Union Councils, Union Committees and Wards in Municipal Committees and Town Committees in pursuance of S.10 of Sindh Local Government Act, 2013 could not be equated with powers of Election Commission to delimit constituencies under S.3-A of Delimitation of Constituencies Act, 1974, nor was that synonymous with delimitation process

Delimitation of constituencies would only be carried out once Government had declared areas

Election Commission, under no law, was empowered to determine Union Councils, Union Committees and Wards in Municipal Committees before holding elections, nor such exercise could be bracketed as part of elections to be carried out by Election Commission

Section 3-A of Delimitation of Constituencies Act, 1974 clearly demonstrated that so long as marking out any Union Councils or Union Committees, etc. was concerned, that was prerogative of Provincial Government to do so under the law, and delimitation process would start only after areas had been so categorized

Such would not be feasible for Election Commission to determine number of Union Councils etc. in the country without support of Federal or Provincial Government concerned

Task of determining number of Union Councils etc. and demarcation of councils was duty of Provincial Government in terms of S.6 of Delimitation of Constituencies Act, 1974

No bar existed over authority of Government to notify areas as Union Councils etc. for delimitation purpose

Government, while determining number of Union Councils and declaring areas to be urban or rural, would follow principles enumerated in Ss.10(3) & 12 of Sindh Local Government Act, 2013 read with tenets set in S.9 of Delimitation of Constituencies Act, 1974

If Government, while acting did not adhere to such standards meaningfully, same could be made ground for raising objection over the way such exercise had been undertaken, however, same could not be made basis to annul impugned notifications as null and void for want of authority.

2016 PLD 63 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Ss. 8, 10 & 13Delimitation of Constituencies Act (XXXIV of 1974), S.10-AConstitution of Pakistan, Art. 199Constitutional petitionLocal areasDelimitation of Union CouncilsDeclaration of "urban" and "rural" areas

Under Ss.8 & 13 of Sindh Local Government Act, 2013, delimitation process would commence at least eighteen months before schedule of local government elections is announced which shall follow exercise of determining number of Union Councils etc. and demarcation of Councils in terms of S.10 of Sindh Local Government Act, 2013

Delimitation process by Election Commission would start at least one year before election schedule

High Court observed that Election Commission to exercise its powers to make amendments, alteration and modification in final list of constituencies in terms of S.10-A of Delimitation of Constituencies Act, 1974 within period of six month before election schedule.

2016 PLD 63 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Ss. 8, 10(3), 12, 13 & 14Delimitation of Constituencies Act (XXXIV of 1974), S.9Constitution of Pakistan, Arts.199 & 10-AConstitutional petitionLocal areasDelimitation of Union CouncilsCharacteristics of local areaDeclaration of urban and rural areasDeclaration of Town, Municipality, Municipal Corporation and Metropolitan CorporationPrinciples of delimitation

Contention was that questions as to whether delimitation process was just and transparent and in accordance with principles laid down in Ss.10(3) & 12 of Sindh Local Government Act, 2013 read with S.9 of Delimitation of Constituencies Act, 1974 could not be taken by High Court in its Constitutional jurisdiction for main reasons that same, being factual in nature, had been adjudicated upon by Delimitation hierarchy after considering objections of parties

Validity

Nothing was on record to show that due hearing, that was inviting objections in terms of Ss.8, 10, 13 & 14 of Sindh Local Government Act, 2013, had been afforded to petitioners

Decisions of Delimitation Officers, whose orders had been challenged in appeals before Delimitation Authority, were maintained on basis of their consent recorded during hearing

Such was gross disregard to provisions of fair trial encapsulated in Art. 10-A of Constitution that appellate Authority had based its decision merely on consent of the officer whose order was impugned before it without considering contentious issues

Local residents were main party in delimitation process, as they would be most affected people in either way in case of any change in constituency they resided in had been accepted by law itself

High Court could look into matters where apparently person performing functions either in connection with affairs of the Federation or Province had failed to do anything which he was required under law to do

Where there was wide-spread disenchantment among people over process of delimitation, High Court, under Art. 199 of the Constitution, could issue appropriate directions to Election Commission to take note of those complaints and redress them in accordance with law

Objection as to maintainability of constitutional petition, being without any substance, was rejected.

2014 YLR 1583 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Ss.8, 10-A & 11Punjab Local Governments (Delimitation) Rules, 2013, Rr.5 & 6Constitution of Pakistan, Art. 199Constitutional petitionDelimitation of union councilsFinality of delimitationPrinciplePetitioner was aggrieved of notification issued by authorities regarding delimitation of constituencies in questionValidity

Delimitation Officer had jurisdiction to carry out delimitation of Union Councils and wards or even for its revision whereas under R. 6 of Punjab Local Governments (Delimitation) Rules, 2013, Delimitation Officer would call for proposals, objections, suggestions and recommendations and Delimitation Authority could make further changes in delimitation of union councils and wards

Functionaries including Delimitation Officer and Delimitation Authority had no jurisdiction to include certain Mauzas (villages) in Municipal Committee concerned

High Court declined to interfere in delimitation process of union councils and wards at such stage when entire process of delimitation was already finalized by competent authorities and election schedule had been announced

Delimitation of constituencies based on geographical compactness and equal distribution of population was the function of Delimitation Authority and unless there was jurisdictional defect, High Court could not embark upon factual inquiry on such issues

Petition was dismissed in circumstances.