ISLAMABAD: The Supreme Court allowed Pakistan Tehreek-e-Insaf (PTI) to amend its petition against fresh delimitation of the constituencies all over the country.
A three-member bench, headed by Justice Ijazul Ahsan, on Monday, heard the PTI’s General Secretary Asad Umar’s petition, filed under Article 184(3) of the Constitution seeking a declaration that the delimitation schedule announced by the Election Commission of Pakistan (ECP) on April 11 was “illegal’ and “unconstitutional”.
Advocate Faisal Chaudhry, appearing on behalf of Umar, argued that the ECP was carrying out work on the fresh delimitation of constituencies, adding the new delimitation is not protected under Article 51(5) of the Constitution.
Justice Ijaz observed that according to the reports the ECP is looking toward relevant authorities, asking them when the population census 2021 will be completed. He said the ECP after receiving a reply from the concerned quarters would decide about the delimitation.
The PTI general secretary had prayed before the Court that the delimitation notified under the notification dated 3rd of May 2018 may be held exhaustive for all intents and purposes of the elections until a new census takes place.
He prayed to direct the Election Commissioner and Secretary ECP to ensure the electoral process (whenever it is called) is in accordance with law and the Constitution and strictly refrain from creating any delay.
He submitted that the schedule issued by the Election Commission is unconstitutional and illegal. The delimitation of the constituencies being a constitutional function cannot be conducted in violation of the mandatory command of the Constitution and the law.
The special permission was granted by the then parliament to carry out the delimitation of national and provincial constituencies, on the basis of provisional census results. Such action was introduced as an exception to the general rule to ensure the general elections in 2018, and thereafter Article 51(5) of the Constitution of Pakistan 1973, stands restored in its actual form.
New delimitation of provincial and national constituencies all over Pakistan and schedules issued by the ECP amounts to departure from article 51(5) in absence of a new census and stands squarely in violation thereof.
The delimitation exercise conducted in 2018 on the command of the constitution has to be considered final till the new census takes place. Admittedly no new census has been carried till the date. Hence the respondents are bound to hold elections on the basis of delimitation colluded previously.
The schedule issued by the Election Commission of Pakistan with regard to the delimitation of the constituencies of National and Provincial constituencies is contrary to the law and the constitution and liable to be struck down.
Copyright Business Recorder, 2022
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