AMIR NAWAB Versus ELECTION COMMISSIONER

ORDER

1. ABDUL RAHIM KAZI, J.‑‑By this petition the delimitation of the constituencies of Sind Provincial Assembly bearing Nos.P.S.73, 74 and 77 has been challenged. The petitioner is a sitting councillor from KMC Unit No.128 and is a prospective candidate for the forthcoming election to the Sind Provincial Assembly from Constituency No.P.S.74. According to the petitioner, initially the said three constituencies comprised of areas as mentioned in the Gazette of Pakistan dated August, 16, 1988. The Constituency No.P.S.73, Karachi West (1) constituted of following Electoral Units. KMC Units Nos.39, 40, 41, 42, 111, 192 and 193 and Manora Cantonment. Constituency Nos.P.S.74, Karachi West (11) comprised of KMC Units Nos.127, 128, 186, 187, 190, 194, while Constituency No.P.S. 77 of Karachi West (v) comprised to KMC Unit Nos.122, 130, 131, 132, Manghopir Supervisory Tapedar Circle and part of Gadap Supervisory Tapedar Circle. These constituencies were subsequently delimited by the authority which was notified in the Gazette of Pakistan of October, 1 1988. Whereby, the KMC Units Nos.192 and 193 were excluded from the Constituency No.P.S.73 and added to Constituency No.P.S.74, while Manghopir Supervisory Tapedar Circle and part of Gadap of Karachi West District which originally were in Constituency No.PS 77 were added to this Constituency. It is also alleged that the territories of Constituency No.PS‑74 were also altered, whereby KMC Units 127 and 128 were excluded and were added to PS‑77, whereas said above KMC Units 192 and 193 were added to this Constituency. Similarly, the territories of Constituency PS‑77 were also modified as stated above. It is these modifications which have been challenged by the petitioner, and his prayer is as follows:‑

2. "It is therefore, prayed as follows:‑

(1) To restore the delimitation of the constituencies gazetted vide No.F.5(30)/88 Cord. dated 16‑8‑1988, as reported August, 19th & 20th, 88 of daily Jang, Karachi.

(2) To quash/declare null and void the impugned notification No.F.5(119)/88 Cord. dated 1‑10‑1988 in respect of constituencies Nos PS‑73 74 & 77.

(3) Direct the respondents Nos.3 to 5 not to hold the election of the said Constituencies till the final disposal of this petition.

(4) Any other relief/reliefs as deemed fit and suitable. in the circumstances of the case."

3. We have heard the learned counsel for the petitioner. He has mainly urged that the principles laid down for delimitation of constituencies as provided in Delimitation of Constituencies Act, 1974, have been violated. He has urged that the constituencies are to be delimited in view of the principles of geographical compaction and the convenience of the voters as well as to ensure homogeneity. He has also drawn our attention to section 9 of the Delimitation of Constituencies Act, 1974, which lays down the principles of delimitation. It will be advantageous to reproduce the same as under:‑

4. "9. Princinles of Delimitation. ‑‑(1) All constituencies shall, as far as practicable, be delimited having regard to the distribution of population in georaphically compact areas, existing boundaries of administrative units, facilities of communication and public convenience and other cognate factors to ensure homogeneity in the creation of constituencies:

5. Provided that for the purpose of delimiting the constituencies for the general seats for the Federally Administered Tribal Area two or more separated areas may be grouped into one constituency.

(2) As far as may be the constituencies for election to the same Assembly shall be equal among themselves in population."

6. We have also perused the sketch of three constituencies, produced by the petitioner alongwith the memo of petition, as annexure `C' at page 25 of the record. It is quite apparent from this sketch that the said changes do not in any manner contravened or violated the provisions as laid down in the section 9 of the above Act. The said changes and inclusion and exclusion pertained to the areas contagious to the very constituencies to which they are added. We, therefore do not find any violation of the above said legal provision. 1t may be pointed out that the delimitation of the constituencies is based on not only the geographical situation but also on the basis of the population and it is the function of the Election Authorities to determine the same. We in exercise of writ jurisdiction shall not embark upon an enquiry of fact pertaining to the above factors. For these reasons we find no substance in the present petition which is dismissed in limine.

7. These are the reasons for the short order passed today dismissing the petition in limine.

8. M.Y.H./A‑653/K Petition dismissed.