FAKHAR-E-AZAM WAZIR vs ELECTION COMMISSION OF PAKISTAN S — 2023 CLC 1435 ISLAMABAD

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FAKHAR-E-AZAM WAZIR VS ELECTION COMMISSION OF PAKISTAN S.20---Election Rules, 2017, Rr. 10(5) & 10(4), proviso---Delimitation of constituencies---Pre-condition---Patwar Circle (PC)---Importance---Choice of candidates---Petitioners were aggrieved of dismissal of objections filed against preliminary report of Delimitation Committee---Validity---For delimitation of constituencies, PC is the basic unit and cannot be broken under any circumstances---Such is the explicit mandate of first proviso to R.10(4) of Election Rules, 2017---Interference with preliminary report of Delimitation Committee or order of Election Commission of Pakistan could not be made at the instance of former elected representatives on the ground that new delimitation would make his or her winning prospects bleak in elections or that an area where he or she was popular was no longer a part of the constituency from which he or she wanted to contest the elections---Delimitation of constituencies was to be carried strictly in accordance with the provisions of Chapter-III in Elections Act, 2017 as well as Chapter-III of Election Rules, 2017---Boundaries of electoral constituencies could not be altered at the whims of politicians---High Court declined to interfere in the matter as essential prerequisites for issuing a writ of certiorari did not appear to be satisfied---Constitutional petition was dismissed, in circumstances. Citation Name: 2023 CLC 1435 ISLAMABADBookmark this Case FAKHAR-E-AZAM WAZIR VS ELECTION COMMISSION OF PAKISTAN art. 199 (1)(a)(ii)---Certiorari, writ of---Scope---High Court, while judicially reviewing proceedings and judgments of inferior Courts and Tribunals, cannot substitute its own decision with that of such inferior Courts or Tribunals---Such writ lies where inferior Court or Tribunal has exceeded its jurisdiction or has not proceeded in accordance with essential requirements of law which they are meant to administer---Such writ is also issued when inferior Court or Tribunal acts illegally in exercise of its jurisdiction like deciding without giving any opportunity to parties to be heard or violates principles of natural justice---High Court, while issuing a writ of certiorari, acts in exercise of a supervisory and not appellate jurisdiction---High Court does not judicially review findings of fact reached by an inferior Court or a Tribunal unless there is a manifest error apparent on the face of proceedings, or where such findings are based on disregard of the provisions of law.

FAKHAR-E-AZAM WAZIR vs ELECTION COMMISSION OF PAKISTAN S — 2023 CLC 1435 ISLAMABAD

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