2014 C L C 1450
[Balochistan]
Before Qazi Faez Isa, C.J. and Muhammad Kamran Khan Mulakhail, J
ABDUL HADI----Petitioner
Versus
GOVERNMENT OF BALOCHIST AN, LOCAL GOVERNMENT RURAL
DEVELOPMENT AGROVILLES DEPARTMENT through Secretary and 2 others----
Respondents
Constitutional Petition No.744 of 2013, decided on 19th December, 2013.
(a) Electoral Rolls Act (XXI of 1974)---
----S. 20---Balochistan Local Government (Delimitation) Rules, 2011, Rr.7, 4, 5 & 6---
Constitution of Pakistan, Art. 199---Constitutiona l petition---Competency---Alternate remedy---
Delimitation of wards of union council---Appeal ---Limitation---Scope---Contention of petitioner
was that Government on its own wa s not authorized to prescribe the limits of wards and union
councils---Validity---Government had not only co mplied with the provisions of Balochistan
Local Government Act, 2010 and Balochistan Lo cal Government (Delim itation) Rules, 2011 but
petitioner was also on board during the process of delimitation---Section 20 of Electoral Rolls
Act, 1974 did not permit alteration, amendment or change in the limits of wards after the
announcement of election schedu le---Petitioner ha d not filed an appeal against the
recommendations with regard to delimitation of wards which was required to be filed within seven days---Petitioner could not fi le constitutional petition without availing of the said alternate
remedy---Constitutional petition was only competent when no other remedy was available to the
aggrieved person---Constitutional petition was dismissed in circumstances.
(b) Constitution of Pakistan---
----Art. 199--- Constitutional petition--- Competency--- Constitutional petition was only
competent when no other remedy was av ailable to the aggrieved person.
Amanullah Batezai and Niamatullah Batezai for Petitioner.
Shai Haq Baloch, Asstt. A.-G. and Har oon Kasi, Law Officer, Provincial Election
Commissioner Balochistan, Quetta for Respondents.
Date of hearing: 20th November, 2013.
ORDER
MUHAMMAD KAMRAN KHAN MULAKHAIL, J. --- The following prayer has been
made in this petition:---
"It is, therefore, respectfully prayed that this Hon' ble Court may please [sic] to declare the
notification dated 28-10-2013 issued by respondent No.1 without incorporating the
recommendations of petitioner to be illegal, unwarranted and made in excess of authority consequently the same may be set aside/modified and directions be issued to respondent No.1 to
incorporate the union councils/adjus ted the wards as per recomme ndations of the petitioner and
others in the delimitation notific ation as suggested by the petiti oner and others, with any other
relief which may be appropriate in the circumstances of the case and cost of the proceedings
throughout in the interest of justice."
2. The petitioner has impugned the Notifica tion No.1-71/ 2010(Delt:)BLCEC/Vol-111/619-
35, dated 28th October, 2013, issued by the respondent No.1 , in respect of th e delimitation of the
wards of Local Council, District Pishin. After promulgation of Balochistan Local Government
Act, 2010, ("the Act") an advertis ement was published by the Deputy
Commissioner/Delimitation Officer , Pishin, dated: 27th July, 2011, published in the Daily 'Jang',
Quetta, wherein, proposals and complaints were i nvited in respect of delimitation of wards from
the general public. The petitioner a nd other inhabitants of District Pishin, participated in the
delimitation process and submitted their proposals in respect of delimitation of wards of local councils. The said process continued for ove r a year and a half and eventually, on 2nd
November, 2012, Form-I, was compiled in respect of delimitation of each ward of local council
of District Pishin.
3. The learned counsel for the petitioner stat ed that at the verge of forthcoming local
government elections the said impugned Notif ication, dated 28-10-2013, was issued, which
reflected that the proposals and ob jections of inhabitants of Dist rict Pishin, were not included/
accommodated. Being aggrieved, the petitioner had moved an application, before the respondent
No.1 and reiterated their earlier proposals but no heed was paid, rather election schedule, dated
31st October, 2013 was announced by the Election Co mmission of Pakistan. The learned counsel
contended that the government on its own was not authorized to prescribe the limits of proposed
wards and union councils or local councils. Therefore, direction was sought to undo the
impugned notification and prescrib e the limits of wards and union councils according to the
proposals earlier submitt ed by the petitioner.
4. The learned Assistant Advocate-General a nd Law Officer of the Provincial Election
Commissioner strongly opposed the contention and stated that subsequent to the impugned
notification of delimitati on of wards, another Notification da ted 31st October, 2013, pertaining to
Election Schedule has also been issued by the Election Commission of Pakistan in compliance
with the order dated 25th Oct ober, 2013, in C.P. No.77 of 2010, passed by the Hon'ble Supreme
Court of Pakistan. They further stated that neith er section 20 of the Electoral Rolls Act, 1974 nor
the Delimitation of Constituencies Act, 1974, permits any change, alteration or amendment in the
prescribed limits of constituencies/wards or union councils of any local council at this belated
staged, and if it is done it will frustrate the whole el ection process. They therefore, sought the
dismissal of the petition.
5. The perusal of record reflect s that after the promulgation of the Local Government Act,
2010, the Government of Balochistan (res pondent No.1) issued Notification No.5-
1/2010(BLCEC) 15185-15302, dated 31st May, 2011. In ex ercise of powers c onferred by section
141 of the Act, 2010, the Government of Balo chistan promulgated the Balochistan Local
Government (Delimitation) Rules, 2011 ("the Ru les"); Rules 4, 5 and 6, whereof provide the
procedure of delimitation, while Rule 7 provide s for an appeal against any order of the
Delimitation Officer. That vide Notific ation No.5-1/2010(BLCEC)/ 15483-15599, dated 15th
June, 2011, the powers of the Delimitation Officer were delegated to all the Deputy Commissioners of respective Districts in Balo chistan and the Divisiona l Commissioners were
designated as the appellate authority agains t the order of the Delimitation Officer/Deputy
Commissioner, coupled with schedule for Delim itation of wards stipul ating the dates for
formulation of preliminary proposals, publicat ion of preliminary list of wards followed by
inviting objection or suggestions, scrutiny of obj ections/suggestions, inqui ry, hearing of parties
and preparation of final list, publi cation of final list of recomme ndations, filing of appeals before
the appellate authority, disposal of appeals by the appellate author ity and forwarding of final list
of recommendations to the Gove rnment. The process was stipulat ed to complete as on 30th
August, 2011.
The relevant provision of Rule 7, of Delimitation Rules, 2011, are reproduced here
under:---
"7. Appeals. (1) Any voter of the local counc il concerned aggrieved with the order passed
under sub-rule (3) of Rule 6 may file appeal be fore the government or an officer authorized by
the government in this behalf with in seven days of such order.
(4) The Government may, on its own motion or on representation made to it after hearing the
parties if any, revise the final list of delimitatio n of a council by recording reasons thereof and
notify the same for general information.
(5) The Government may, at any time correct any clerical error or any erroneous insertion or
omission in the final list."
It transpires that the government had not only co mplied with the provisions of Local Government
Act, 2010 and the Delimitation Rules, 2011 and the petitioner was fully on board during the
process of delimitation.
6. Moreover, section 20 of Electoral Rolls Act, 1974 does not permit changes after the
announcement of the election schedu le. The provisi on provides:---
"20. No correction to be made after constitu ency called upon to elect. No revision or
correction of any electoral roll for an electoral area shall be made nor shall any order under
section 19 be made in respect of any electoral roll at any time after the constituency of which
such electoral area forms part has been called u pon to elect its re presentative and before such
representative ha s been elected."
7. Therefore, in view of the provisions of the enactments in relation to election laws
mentioned above brings us to th e conclusion that after announ cement of election Schedule dated
31st October, 2013, no alteration, amendment or cha nging can be made in the limits of wards.
Admittedly, the petitioner had also not filed an a ppeal against the final list of recommendations
regarding delimitation of wards, which was require d to be filed within seven days. Therefore,
without availing of the said alternate remedy th e petitioner cannot file a constitution petition
before this court. The constitution petition before this court is only competent, when no other
remedy is available to the aggrieved person but th e petitioner had failed to avail the prescribed
remedy of appeal within the prescribed time, th erefore, the petition on the ground of laches as
well as for not availing the alte rnate remedy provided under the prescribed rules, is dismissed
accordingly.
AG/14/Bal. Petition dismissed.This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
let us know.