| Case ID |
ed93398b-ab80-422d-97b0-c0a0bac78066 |
| Body |
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| Case Number |
C.P. No. D-3635 of 2018 |
| Decision Date |
Jul 04, 2018 |
| Hearing Date |
Jun 13, 2018 |
| Decision |
The Sindh High Court dismissed the constitutional petition challenging the final delimitation order dated 16-04-2018 passed by the Election Commission of Pakistan regarding the allocation of three Provincial Assembly seats in District Shikarpur. The court found that the delimitation complied with the provisions of the Elections Act, 2017 and the Elections Rules, 2017, particularly regarding population variation and the principles of delimitation. The court concluded that the Election Commission had exercised its authority appropriately and that there was no evidence of mala fide intentions or ulterior motives in the delimitation process. The petitioner's arguments regarding the starting point of delimitation and population distribution were found to be without merit, thus affirming the Election Commission's decision. |
| Summary |
In the case of C.P. No. D-3635 of 2018, the Sindh High Court addressed the challenge made by the petitioners against the delimitation order issued by the Election Commission of Pakistan (ECP) for the upcoming General Elections 2018. The petitioners contended that the ECP's delimitation was flawed, particularly arguing that it did not commence from the northern point of the district and that the population variation among the constituencies exceeded the permissible limit of 10%. The court examined the principles outlined in the Elections Act, 2017, specifically Section 20, which establishes guidelines for delimitation, and Rule 10(5) of the Elections Rules, which suggests that delimitation should ideally start from the northern end of the district. However, the court found that the ECP had adhered to the law's requirements, allowing for some flexibility in the delimitation process. The decision emphasized that the population variation was within acceptable limits and that the ECP had acted within its legal bounds. Ultimately, the court upheld the ECP's delimitation, dismissing the petition as lacking substantial merit. This case underlines the importance of following legal frameworks in electoral processes and the judiciary's role in ensuring that electoral commissions operate within their prescribed legal authority. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ALI MAZHAR,
OMAR SIAL,
MUHAMMAD IBRAHIM JATOI
|
| Lawyers |
Mohammad Haseeb Jamali,
Mohammad Najeeb Jamali,
Yasir Morai,
Ms. Memoona Nasreen
|
| Petitioners |
Syed Mureed Ali Shah,
Rasheed A. Razvi,
Tahmasp Razvi,
Shoaib Ali Khatian
|
| Respondents |
ELECTION COMMISSION OF PAKISTAN THROUGH SECRETARY AND 2 OTHERS
|
| Citations |
2019 SLD 2942,
2019 CLC 1801
|
| Other Citations |
Not available
|
| Laws Involved |
Elections Act, 2017,
Elections Rules, 2017
|
| Sections |
20,
R.10(5)
|