MUHAMMAD DAUD vs PROVINCE OF PUNJAB art — 2022 YLR 1474 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 YLR 1474 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: YLR
Parties: MUHAMMAD DAUD vs PROVINCE OF PUNJAB art
Subject matter: Constitutional
Provisions referred to: S. 17; S. 19; S. 20

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD DAUD VS PROVINCE OF PUNJAB art. 199---Elections act (XXXIII of 2017), Ss. 17, 19 & 20---Constitutional petition--- Commission to delimit constituencies--- Delimitation of constituencies---Principles of delimitation--Maintainability---Factual controversy---Scope---Petitioners challenged the extension of territorial limits of the Cantonment by the Election Commission of Pakistan (ECP)---Validity---Power of de-limitation of constituencies based on geographical compactness and equal distribution of population squarely falls within the exclusive domain of the ECP---Under Chapter-III of the Elections act, 2017, the ECP has the mandate to delimit constituencies---as per the provisions contained in S. 17 read with S. 19 of the Elections act, 2017, the ECP can also exercise the powers of delimitation of territorial constituencies by dividing each Province into as many separate territorial constituencies as the number of general seats allocated to that Province as specified in art. 51 of the Constitution---Moreover, the principles of delimitation are given in S. 20 of the Elections act, 2017---Petitioners had raised disputed questions of facts in the case and factual controversy could not be resolved by the High Court while exercising jurisdiction under art. 199 of the Constitution---Election Commission of Pakistan had not exceeded its powers whilst issuing the election schedule strictly in accordance with relevant provisions of the applicable law---Writ petition being not maintainable was dismissed.

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