July 21, 2005	Thursday	Jumadi-us-Sani 13, 1426

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RAWALPINDI, July 20: The provincial government with the omission of chapter 4 of the Punjab Election Rules 2000 seems to be empowered to conduct the delimitation of the union councils under the Local Government Ordinance, observed Justice Akhtar Shabbir on Wednesday. He was hearing petitions against the delimitation of four UCs of Rawalpindi — Dhamial, Takht Parri, Banda and Jatta Hathial.

The judge also cited the Supreme Court verdict in Saifullah case in which it was stated that since people had already been mobilized, the election process should go ahead.

However, Saeed Yousuf, the counsel for the petitioners, insisted that despite the omission of chapter 4 of the election rules, the delimitation of these union councils is not even in conformity with Local Government Ordinance.

He argued that not only the procedure described under Section 11 of the ordinance was violated, but also the government did not fulfil the requirements under Section 6, which was used for the delimitation purpose.

The counsel also quoted a recent decision of Supreme Court’s Lahore seat in a case relating to demarcation of a Jhelum constituency, which, according to his interpretation, differentiated between Sections 6 and 11.

He said it appeared that the recent delimitation of UC constituencies was aimed at benefiting the certain government legislators.

He further contended that the government while re-demarcating Takht Parri union council included a portion of federal capital in it.

Justice Akhtar summoned provincial secretary for local government on July 21.

The case challenging the bifurcation of Rawalpindi tehsil into Potohar and Rawal towns was also adjourned till July 21.

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