Zahid Ullah Vs Election Commission of Pakistan

PESHAWAR HIGH COURT, ABBOTTABAD BENCH.

FORM OF ORDER SHEET

Date of Order of Order or other Proceedings with Signature of Judge (s) Proceedings

WP No. 1534-A/2021

Present: Malik Shujaat Ali, Advocate for the petitioners.

Ms. Isma Urooj, Law Officer, alongwith Syed Jawad Ali Shah, Chief Statistical Officer, for the respondents.

KAMRAN HAYAT MIANKHEL, J.- By means of this constitutional petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, petitioners have sought the following relief.

“On acceptance of instant writ petition, the Ashoori Nala 06 Ashoori Nala 07 may kindly be included in village council Shoori Nala of Tehsil Harban Basha instead of village council summer Nala or a new village council Ashoori Nala may be created on the basis of population census of 2017 as per law.

Any other relief may also be granted to petitioners as this Hon’ble Court deem fit.”

2.In essence, petitioners sought that village Ashoori Nala 06 and 07 be included in village council Shoori Nala of Tehsil Harban Basha instead of village council Sumer Nala or a new village council Ashoori Nala may be created on the basis of population census as per law.

3.Learned counsel for the petitioners argued that

village council Shoori consisting of Shang, Sazeen Camp, Gonain, Gambat (Jamat), Asritti and Lachi Nalah are for away from actual Shoori Nala and preliminary delimitation list of Village / Neighbourhood council was not published for inviting objections.

4.Arguments heard and record perused.

5.Perusal of the record shows that delimitation of Village / Neighbourhood councils were done as per Section 6(5)(e) of Khyber Pakhtunkhwa Local Government (Amendment) Act, 2019, which stipulates that total number of Village / Neighborhood councils within a district, shall range between 5000 to 15000, calculated on the basis of last preceding population census, officially published and if the results of national census are not officially published then the Village / Neighbourhood councils shall be delimited in accordance with the provisional results of National Population Census, 2017.

The record further depicts that no appeal or objection petition before Delimitation Authority has been preferred under Rule 14 of the Khyber Pakhtunkhwa Local Council (Delimitation) Rules. The Rules of the Khyber Pakhtunkhwa Local Council (Delimitation) Rules, 2019, provides complete and comprehensive mechanism for delimitation of village council / neighbourhood council.

Rule 10 stipulates about appointment of the Delimitation Committee by the Election Commission. Rule 11 describes the functions of the Delimitation Committee and

preparation and publication of a preliminary delimitation list. Rule 13 confers powers upon the Commission to appoint Delimitation Authority to hear and decide the objections against the delimitation carried out by the Delimitation Committee. Rule 14 prescribes manner of filing objections before the Delimitation Authority.

5.A brief synopsis of the Khyber Pakhtunkhwa Local Council (Delimitation) Rules, 2019, as given above, depicts that a complete mechanism has been given for the delimitation of Village / Neighbourhood councils and also for objection of the general public in regard to the preliminary list of delimitation of Village / Neighbourhood councils. The petitioners were remiss in their duty, as they did not file any objection petition or Appeal before the Delimitation Authority under Rule 14 and now at the wee hour of the election have filed this constitutional petition, which is devoid of any merit and the petitioner also fails to show any illegality or want of jurisdiction or arbitrariness pointed out in the impugned Delimitation order.

6.For what has been discussed hereinabove, this petition, being bereft of any merit, is hereby dismissed.

JUDGE

JUDGE

(Arshad Iqbal) Hon’ble Justices Wiqar Ahmad and Kamran Hayat Miankhel