TARIQ IQBAL vs ELECTION COMMISSION OF PAKISTAN Ss — 2022 PLD 607 LAHORE-HIGH-COURT-LAHORE

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TARIQ IQBAL VS ELECTION COMMISSION OF PAKISTAN Ss. 19 & 223---Election Rules, 2017,R.21---General Clauses Act (X of 1897), S. 24-A---Constitution of Pakistan, Art. 199---Constitutional petition---Election process---Alternate and efficious remedy---Delimitation Authority---Objections, decision of---Duties and functions of Authority---Petitioners were aggrieved of orders passed by Delimitation Authority on objections filed by them on delimitation of their constituency---Validity---Authority was to decide objections within thirty days after holding inquiries, summoning witnesses and recording of evidence---Although the Authority decided objections but were not in accordance with Election Rule, 2017---No justification or reasoning was mentioned in orders of Delimitation Authority---Such was not a speaking order rather based on evasive grounds---Incumbent upon the Authority to decide objections of each objector separately on its own merits but decided multifarious objections raised by petitioners evasively in a single order---Such order was not sustainable under the law---Such order as well as proceedings were also a gross violation of S.24-A of General Clauses Act, 1897 which manifestly impressed upon Authorities/public functionaries to decide cases after application of mind on the touchstone of reasonableness, which otherwise was lacking in the present case---Delimitation Authority while conducting delimitations in question, failed to act reasonably, fairly and justly as required under S. 24-A of General Clauses Act, 1897---Election Commission of Pakistan was apex, independent and neutral Constitutional authority to hold, organize and conduct elections in Pakistan---After Local Government elections were recognized as Constitutional elections [(18th Constitutional Amendment (2010)], role of Election Commission of Pakistan fully extended to all stages of electoral system envisaged under Elections Act, 2017, including preparation of electoral rolls and delimitation of constituencies as was the case with the other Constitutional elections---High Court set aside orders and notifications issued by Delimitation Authority---Election Commission of Pakistan under provisions of Elections Act, 2017, Election Rules, 2017 and the Constitution had mandate to make amendments, alteration or modification in final list of constituencies---Remedy provided under S.22 of Elections Act, 2017, could be deemed to be made as representation to Election Commission of Pakistan against decision of the Authority---High Court referred petition to Election Commission of Pakistan as representation against decision of the Authority to decide it, as per law---High Court directed the petitioners to appear before Election Commission of Pakistan---Constitutional petition was allowed accordingly. S. 19---Punjab Local Government Act (XXVII of 2021), S.10---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Delimitation of constituencies---Jurisdiction of High Court---Scope---Constitutional courts do not, with ease, abdicate or surrender their jurisdiction to exercise judicial power, if the Court is of the view that order under challenge is illegal and outside the four corners of law and no other alternate or special remedy has been prescribed by law---No decision within the meaning of statute if there were anything done contrary to the essence of justice---Constitutional jurisdiction of High Court to judicially review orders, notifications and acts of Executive i.e. Delimitation Authority and Delimitation Committee is not barred. S. 19---Punjab Local Government Act (XXVII of 2021), S. 10---Constitution of Pakistan, Art. 222---Electoral process---Delimitation---Object, 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. arts. 218 & 219(a)---Election Commission---Electoral roles, preparing of---Scope---Election Commission prepares electoral roles under art. 219(a) of the Constitution which includes electoral roles of Local Government to hold general elections---In order to hold general elections and to prepare electoral roles, onus is on the Commission to provide an opportunity to deal with objections raised therein---Duty upon Election Commission is caste under art. 218 of the Constitution to ensure and conduct elections, justly, fairly and in accordance with law---Election Commission is responsible not only for conducting election itself, but also for making all necessary arrangements for such purpose, prior to Election Day---By conferring such responsibility on the Commission, the Constitution ensures that all activities both prior, and subsequent to Election Day, that are carried out in anticipation thereof, adhere to standards of justness, fairness and in accordance with law.

TARIQ IQBAL vs ELECTION COMMISSION OF PAKISTAN Ss — 2022 PLD 607 LAHORE-HIGH-COURT-LAHORE

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