Abdul Qadir VS ECP, etc

ORDER SHEET.

IN THE ISLAMABAD HIGH COURT, ISLAMABAD.

JUDICIAL DEPARTMENT.

Writ Petition No. 2025 of 2018

Abdul Quadir

VS

Election Commission of Pakistan S. No. of Date of Order with signature of Judge and that of order/ order/ parties or counsel where necessary. proceedings proceedings 31.05.2018. Kamran Murtaza, Advocate for the petitioner.

Malik Mujtaba Ahmad, Additional Director General, ECP.

This petition is directed against order dated 03.05.2018, passed by Election Commission of Pakistan with respect to NA-

2.Learned counsel for the petitioner, inter alia, contends that against the proposed delimitation the petitioner filed objections and also rendered proposal for making changes for the proposed delimitation. It was contended that without dealing with the objection of the petitioner the Election Commission of Pakistan has suo moto altered the proposed delimitation. It was contended that the Election Commission of Pakistan has no

jurisdiction/authority to change the delimitation/boundaries suo moto and it can only be done under Section 22 of the Elections Act subject to certain terms and conditions which are not attracted in the instant case.

3.The representation of Election Commission of Pakistan contended that the

changes proposed in the delimitation are in accordance with law.

4.The petitioner who is a sitting MNA from NA-270 filed objections to the proposed delimitation. The bare perusal of the impugned order shows that objection raised by the petitioner have not been duly dealt with and changes have been made in the proposed delimitation. In this view of the matter the objection petition of the petitioner still remains undecided.

5.In view of the forgoing the instant petition is allowed and the order dated 03.05.2018, to the extent of representation made by the petitioner is set-aside. Consequently the representation of the petitioner shall be deemed to pending and to be decided in accordance with law. The parties shall appear before Election Commission of Pakistan on

(AAMER FAROOQ)

JUDGE

M. Junaid Usman

Uploaded By: Zulqarnain Shah