ISLAMABAD: The Islamabad High Court (IHC) has asked the Election Commission of Pakistan (ECP) to settle all disputes related to the delimitation of constituencies on June 4.

The court disposed of several petitions challenging the delimitation of constituencies, and directed the petitioners to approach the ECP for redress of their grievances on Monday.

This week, Justice Aamer Farooq of the IHC issued decisions on 110 petitions in which the petitioners had challenged the ECP’s notification regarding delimitation of their respective constituencies. On Friday, he set aside the delimitation of Abbottabad district, which had been challenged by the National Assembly’s outgoing deputy speaker, Murtaza Javed Abbasi, as well as the delimitation of Zhob and Jhang districts. However, he upheld the ECP’s decision regarding constituencies in Sialkot and Multan. There are 16 similar petitions pending before the IHC, which the court will take up on June 4.

IHC disposes of cases with directive to petitioners to approach election commission for relief

The IHC has so far set aside the delimitations of 14 constituencies, and upheld the ECP’s decision in as many pleas.

In a written order, Justice Farooq observed that the ECP, “while hearing the matter, has to take into account that the population variation should not be more than 10pc, however, where such is the case, reasons [for that] have to be given under Section 21 (3) & (4) of the Elections Act, 2017”.

The petitioners told the court that the ECP had constituted committees for the delimitations, and the commission was supposed to examine the recommendations put forward by the committees.

According to the petitions, the delimitations had been made in violation of Section 20 of the Elections Act, 2017, a stance which the ECP had challenged.

The court noted that under the scheme of delimitations, the committees, after preparing proposals for delimitations, are supposed to send them to the ECP, which then scrutinises the proposals and suggests alterations. If any changes are suggested, the matter is referred to the committee for reconsideration. Once the commission is satisfied that the approved proposal for delimitation is convenient for the public, it is supposed to publish the details, along with a report, in its official gazette.

Registered voters from the constituencies are asked for representations to change the approved proposals. In this regard, while considering the representations, the ECP has to see whether any amendments or changes could be made, the court order said, adding that if the ECP felt it necessary, the court could also issue orders for it.

According to Justice Farooq, the ECP had followed the rules for delimitation of constituencies, but, while making the changes, “no reasons have been provided for altering the approved proposals”.

During the hearing on Friday, the judge asked the petitioners’ counsel to assist the court in figuring out whether, after announcement of the election schedule and establishment of election tribunals, the IHC should proceed with the petitions against delimitation of constituencies.

Published in Dawn, June 2nd, 2018