DeLimitation

2023 CLC 1898 PESHAWAR-HIGH-COURT Judicial Precedent

Ss. 19, 20 & 21Election Rules, 2017, R.10Delimitation

Petitioners were aggrieved of Preliminary Delimitation Scheme for Constituencies of National and Provincial Assemblies elections

Validity

Petitioners did not point out any violation of the provision of Ss. 19, 20 & 21 of Elections Act, 2017 or Election Rules, 2017, to create any exception calling for interference of High Court by invoking Constitutional jurisdiction

Population census was to be carried out from time to time merely because fresh census was underway and no results had been gathered till then

This could not be a ground for stalling process of delimitations

Fair elections would mean fair representation and delimitation of constituencies was a foundational step towards that end

Election Commission had properly appreciated pros and cons including fundamentals of delimitation with assistance of Delimitation Committee

High Court declined to interfere in Preliminary Delimitation Scheme for Constituencies of National and Provincial Assemblies elections

Constitutional petition was dismissed, in circumstances.

2022 PLD 607 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 19Punjab Local Government Act (XXVII of 2021), S. 10Constitution of Pakistan, Art. 222Electoral processDelimitationObject, purpose and scope

Delimitation is a vital and indispensable milestone in electoral process as it defines and fashions strength and weight of a vote

Fair and transparent delimitation of constituencies is pivotal for holding honest, fair and just elections

Central focus of any fair and just electoral system is to ensure that right to vote is properly guarded against scourge of vote dilution or discrimination during process of delimitation

Any electoral system must, therefore, be designed to protect right to vote

Any step or stage in process which has bearing on the right to vote is an indispensable part of electoral process

Delimitation, means demarcation of boundaries of electoral constituency in order to ensure fair, just and proportional representation of people in elections

Basic object of delimitation is to secure, so far as practicable, equal representation for equal segments of population in legislative bodies

Delimitation is usually done with regard to stated constraints of administrative convenience, contiguity, geographical, and communication factors; and unstated influences of party-political advantage

Principles of delimitation include having regard to distribution of population in geographically compact areas, existing boundaries of administrative units, facilities of communication and public convenience and other cogent factors to ensure homogeneity in creation of constituencies

Other equally important aim of delimitation is to divide geographic areas into territorial constituencies so fairly that no party or candidate may legitimately have grievance that there has been "gerrymandering" of constituencies in favour of or against interests of any particular party or candidate

Right to cast a ballot is meaningless if ballot is undervalued relative to a ballot cast by a voter in a less populated district

Gerrymandering is "drawing of district boundaries so as to favour one's own chances in future elections

Strategies for gerrymandering have been characterized as 'stacking', 'packing', and 'cracking', each of which seeks to minimize influence of those likely to vote for opponents"

Process of delimitation has to ensure that voting equality is not disturbed and vote of one citizen must in no manner be less than vote of another citizen

Other than population parity, geographical compactness, homogeneity of interest of community need to be factored in setting parameters of delimitation

Delimitation is not a mere drawing of boundaries with a stroke of pen

Delimitation is a judicious exercise of delineating electoral areas, vigilantly guarding against any possible fear of vote dilution, disenfranchisement or corrupt practices

Unfair or partisan delineation can lead to skewed results, tarnishing electoral integrity

Foundations or rules of game for a fair and just election are laid down at the time of delimitation of constituencies

Delimitation must be a neutral exercise, conducted by a neutral body

Any partisan political intervention and drawing up of political constituencies under dictates of political party in power is bound to lead to gerrymandering and unjust political windfall, tarnishing sanctity of elections and crippling faith of an ordinary man in the system of democracy.

2019 CLC 1801 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 20Election Rules, 2017, R. 10(5)DelimitationPrinciplesScopePetitioner challenged the final delimitation whereby concerned district was allocated three Provincial Assembly seatsContention of petitioner was that delimitation did not begin from northern point of the districtValidity

Population variation was well within the 10% threshold which was to be complied with pursuant to S.20 of Elections Act, 2017

Rule 10(5), Election Rules, 2017 began with the words "as far as possible..."

Election Commission of Pakistan, therefore, could not possibly delimit each constituency by strict adherence to the Rule

Certain amount of leeway had been given by the legislature in that behalf

Election Commission of Pakistan had, therefore, had duly complied with the provisions of R.10(5) of the Election Rules, 2017

No mala fide or ulterior motive on the part of the Commission was shown

Constitutional petition was dismissed.

2016 PLD 101 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Arts. 140A & 17(2), 2A & PreambleRepresentative democracyPrinciples of democracy and constitutional guarantee of political justice as part of the constitutional valuesLocal GovernmentDelimitation

Constitutional vision of institutionalized participation of people at the local level, extensively discussed.

2005 MLD 1724 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Ss. 7 & 186Constitution of Pakistan (1973), Art.199Constitutional petitionCreation of a new DistrictDelimitationEffect

Notification of undoing an electoral ward so as to result in the removal of the existing incumbents from their elected offices

Removal of Zila Nazim and Naib Nazim from their respective posts would attract the specific provision of Sindh Local Government Ordinance, 2001

By virtue of S.7 of the Ordinance a protection and safeguard provided for and regulated by the specific sections of the Ordinance cannot be taken away in an indirect manner by assumption of implied powers

Language, intention and policy of the Legislature having been made manifestly clear the question of resorting to provisions of S.186(2), Sindh Local Government Ordinance, 2001, does not arise

Elected Governments of the Unions and Taluka being in existence, there is no reason to appoint a public officer to exercise the powers of the elected Nazims.

2005 MLD 1724 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Definition.