Redrawing boundaries: ‘Court’s interference will only cause delays’
SHC disposes MQM, PPP’s pleas against delimitation of constituencies in Karachi.
PHOTO: FILE
KARACHI:
The pleas of Muttahida Qaumi Movement (MQM) and Pakistan Peoples Party (PPP) challenging the fresh delimitation of 11 National Assembly and Sindh Assembly constituencies in Karachi were disposed by the Sindh High Court on Tuesday
“Any interference in the election process at this stage will cause interruption in the process and delay the same,” said Justice Maqbool Baqar, who headed the bench. On March 22, the election commission had notified the delimitation of three National Assembly and eight provincial constituencies in Karachi but PPP and MQM took the matter to court in order to have the move reversed.
MQM’s lawyer, Barrister Farogh Naseem, had argued that the electoral boundaries had been redrawn without conducting a fresh census. MQM’s second point of contention was that the process was set in motion after the schedule for the general elections had been announced. He said both factors make the commission’s move to redraw electoral boundaries unlawful.
PPP’s Qadir Patel had also challenged the delimitation of NA-230, saying the ECP had included three defunct union councils of Baldia Town and two of Keamari Town in the constituency without providing any justification. He also asked the court to declare the delimitation as an unconstitutional move.
The election commission had opposed the pleas, arguing that after the Supreme Court’s order, it was decided that the delimitation of constituencies should be done before the schedule of the general election was announced.
The final verdict
Earlier, the Supreme Court’s larger bench during hearing of the Karachi law and order suo motu implementation case, had dismissed the MQM’s plea seeking a review of the apex court’s earlier order regarding delimitation of the electoral constituencies in Karachi.
Announcing their verdict, the SHC’s bench observed that the Supreme Court in its order dated February 27 - while analysing and interpreting Section 10A of the Delimitation Act of 1976, with reference to other sections of the Act - had held that none of these provisions of the law create any obstacle in implementation of its previous order (on delimitation) passed on October 6, 2011.
“Rather at the dint of the Section 10A, the commission may at any time of its own motion make such amendments, alterations and modifications in the final list of the constituencies as it thinks necessary,” noted the bench. “In any event, in case the petitioner felt that there is any room for interpretation or clarification of the above, it would have been appropriate for them to have approached the Supreme Court.”
With these observations the bench disposed of the petitions along with the miscellaneous applications.
Published in The Express Tribune, May 7th, 2013.
The pleas of Muttahida Qaumi Movement (MQM) and Pakistan Peoples Party (PPP) challenging the fresh delimitation of 11 National Assembly and Sindh Assembly constituencies in Karachi were disposed by the Sindh High Court on Tuesday
“Any interference in the election process at this stage will cause interruption in the process and delay the same,” said Justice Maqbool Baqar, who headed the bench. On March 22, the election commission had notified the delimitation of three National Assembly and eight provincial constituencies in Karachi but PPP and MQM took the matter to court in order to have the move reversed.
MQM’s lawyer, Barrister Farogh Naseem, had argued that the electoral boundaries had been redrawn without conducting a fresh census. MQM’s second point of contention was that the process was set in motion after the schedule for the general elections had been announced. He said both factors make the commission’s move to redraw electoral boundaries unlawful.
PPP’s Qadir Patel had also challenged the delimitation of NA-230, saying the ECP had included three defunct union councils of Baldia Town and two of Keamari Town in the constituency without providing any justification. He also asked the court to declare the delimitation as an unconstitutional move.
The election commission had opposed the pleas, arguing that after the Supreme Court’s order, it was decided that the delimitation of constituencies should be done before the schedule of the general election was announced.
The final verdict
Earlier, the Supreme Court’s larger bench during hearing of the Karachi law and order suo motu implementation case, had dismissed the MQM’s plea seeking a review of the apex court’s earlier order regarding delimitation of the electoral constituencies in Karachi.
Announcing their verdict, the SHC’s bench observed that the Supreme Court in its order dated February 27 - while analysing and interpreting Section 10A of the Delimitation Act of 1976, with reference to other sections of the Act - had held that none of these provisions of the law create any obstacle in implementation of its previous order (on delimitation) passed on October 6, 2011.
“Rather at the dint of the Section 10A, the commission may at any time of its own motion make such amendments, alterations and modifications in the final list of the constituencies as it thinks necessary,” noted the bench. “In any event, in case the petitioner felt that there is any room for interpretation or clarification of the above, it would have been appropriate for them to have approached the Supreme Court.”
With these observations the bench disposed of the petitions along with the miscellaneous applications.
Published in The Express Tribune, May 7th, 2013.