SHAHNAWAZ TARIQ, J.---Through this joint order, we would like to dispose of Petitions Nos.D-3206 of 2013, D-3207 of 2013, D-3217 of 2013, D-3219 of 2013 and D-3321 of 2013, where in common question of law has been agitated by the petitioners.
2. The counsel for petitioners above named while challenging the process of delimitation of Local Government constituencies undertaken by the Government of Sindh, under the provisions of Sindh Local Government Act, 2013, have raised following two points for determination by this court:--
(i) Whether the Election Commission of Pakistan is competent or not, for the delimitation of Union Councils under the Constitution of Pakistan or any other statute?
(ii) Whether the Government of Sindh is competent for the delimitation of local government constituencies under the provisions of Sindh Local Government Act, 2013, and if so, whether the subsequent steps taken/initiated thereunder are legal and maintainable under the Constitution?
3. Learned counsel for the petitioners have urged that Government of Sindh has neither legal authority nor is competent to alter, change or make any addition and deletion of areas of dehs from one Union Council to another Union Council or to create new Union Council in Province of Sindh under provisions of Sindh Local Government Act, 2013. They further contended that Election Commission of Pakistan is the only competent authority to conduct the process of delimitation as envisaged under Articles 140-A, 218(3), 219(d) and 222(b) of Constitution of Pakistan. They also contended that it is the prime assignment of Election Commission of Pakistan to ensure the fair, free and transparent elections in the country, and after XVIII amendment in Constitution, the task of the holding of election of Local Governments have also been assigned to the Election Commission of Pakistan, therefore, the act of the Government for conduct of the delimitation is illegal and unconstitutional.
4. Learned counsel for the respondents have agreed to the extent that under the Constitution, the Election Commission of Pakistan would make all necessary arrangements to conduct translucent election. They further contended that Government of Sindh has a legal mandate under the provisions of Sindh Local Government Act, 2013 to create new Union Council or to add and delete the areas of any Union Council considering the specific circumstances in the larger interest of the public. The authority conferred under the provisions of SLGA-2013 upon the Provincial Government is not in contravention to the Articles of the Constitution, therefore, the appointments of the Delimitation Officers and Election Tribunals are neither the violation nor deviation from the respective referred Articles of the Constitution.
5. Learned counsel for the respondents further contended that Provincial Government shall establish local government system subject to the Constitution, therefore, Provincial Government has a comprehensive legal authority for conducting the delimitation within the Province, and even the provincial Government is also empowered under sections 5 and 6 of Land Revenue Act, 1967, by issuing notification to divide Districts into Sub-Divisions or Tehsils/Talukas in the Province, as such - the process of delimitation is exclusive assignment of Provincial Government.
6. District Election. Commissioner, Sukkur has made categorical submissions that the Election Commission of Pakistan has nothing to do with the process of delimitation of local government constituencies, but the Election Commission would only conduct the Local Government election in accordance with the Articles of Constitution of Pakistan as well as Sindh Local Government Act, 2013.
7. We have given our serious deliberations to the submissions made by the learned counsel for petitioners, learned counsel for the respondents, learned D.A.-G. As well as A.A.-G., and through their able assistance scanned the record placed by them and precedent law referred and relied upon.
8. Before dilating upon the other aspects of controversy, we would deem it appropriate to discuss the establishment of the local government under domain of the Constitution.
9. It is pointed out that it is the constitutional responsibility of the Provincial Government to establish local government system in accordance with the Articles 32 and 140-A(1) of the Constitution. For the appropriate adjudication and verdict, it would be helpful to reproduce the same hereunder:-- "Article 32: Promotion of Local Government Institution.--The State shall encourage local Government institutions composed of elected representatives of the area concerned and in such institution special representation will be given to peasants, workers and woman."
"Article 140-A. Local Government.--(1) Each Province shall, by law, establish a local government system and devolve political, administrative and financial responsibility and authority to the elected representatives of the local government."
10. In case of Balochistan High Court Bar Association v. Federation of Pakistan and others, 2012 SCMR 754, the honourable Supreme Court has observed that the main problem of the. Province was of social economic nature which could only be solved, if the general public of the province was empowered by holding the election of the local bodies, which otherwise was the obligation of the government in term of Article 32 of Constitution, and that under Article 140-A of the Constitution, each Provincial government was bound by law to establish a Local Government system and develop political, administrative and financial responsibility and authority to the elected representatives of the Local Governments.
11. The honourable Supreme Court in order dated 5-11-2013, passed in Constitution Petitions Nos. 65 of 2009 and 77 of 2010,(unreported) has observed as follows:-- "We are of the considered opinion that in the name of the amendment of the laws, constitution provisions cannot be allowed to be not adhered to. Two or three options are available to the Federation as we have studied the relevant provisions of law with assistance of the learned Attorney General namely:-
(i) Without any further delay, under the existing laws on the subject, command of the Constitution under Articles 17, 32 and 140-A to be fulfilled immediately and as the other Provinces have already expressed their readiness to hold the elections, therefore, the polls must be held either on 27th November, 2013 or on 7th December, 2013 as these two dates have been agreed by the Provinces of Sindh, Balochistan and Punjab respectively. It would be an ideal situation and will earn an appreciation for the general masses as they have to be empowered under Article 140A as per its command establishing a Local Government system would devolve political, administrative, and financial responsibility and authority to the elected representatives of the local governments and non-discrimination to the electors who are residing in the Cantonment Boards shall be permissible qua the electors who are residing in the non- Cantonment Boards where local bodies elections are likely to be held. This decision has to take by the Federal Government as early as could be possible but not later than 7 days."
In case of Raja Rabnawaz v. Federation of Pakistan through Secretary Defence and others, 2013 SCMR 1629, the Hon'ble Supreme Court has observed as follows:-- "Despite a clear mandate of law, elections of the Cantonment Local Government, i.e. Members of Union Councils including Union Nazim and Naib Nazim, had not been held for the last 14 years.
Government had to ensure that the Local Government bodies elections as envisaged under the law must be held from time to time so that the representatives of the people could participate in managing their affairs at the grass root level and the Fundamental Rights guaranteed under the Constitution were protected and enforced. Supreme Court extended the period/deadline for holding elections in the Cantonment Boards up to 15-9-2013 and directed that copy of present order should also be sent to the Election Commission of Pakistan to ensure holding of the elections in terms of constitutional provisions (Art.32 read with Art.140-A of the Constitution) on or before 15- 9-2013. Supreme Court observed that it was hopeful that the Provincial Governments as well as the administration of Islamabad would also make arrangements as early as could be possible to hold local bodies elections in accordance with law."
The honourable Court has further observed as under:-- "Establishment of democratic institutions at the grass root level was basic requirement for the welfare of the society. Broad masses of people were to be genuinely associated with the management of their affairs and encouraged to work for their own welfare. Essentially, the institutions at local/grass root level protected the human dignity of common man to which he was entitled. Local Government or Municipal Government was a form of public administration, which in a majority of context, existed as the lowest tier of administration within a given state or district.
Local Government was responsible for decision-making in those policy areas which had a direct impact on the lives of local citizens, e.g. Urban regeneration, housing, schools, employment and social security, health, arts, culture and sport, local public transport, water and energy, and regional planning. Said areas were the areas where the local citizens must have the opportunity to exert direct influence on policy-makers and thus participate in the decision-making process. Local self- government not only had a legal and a political dimension, but it also had sociological connotations, namely, it directly affected community life within a demarcated locality. Local government was the most vital element in a democracy and Existence of local bodies was important for strengthening the process of democracy. Local bodies, at one end, provided services to the local community and, on the other, acted as an instrument of democratic self-government.
Existence of local self-government provided mechanism for the enforcement of Fundamental rights of the people. Such government bodies were helpful for development including education, health, social services as well as in improving law and order situation. Local self-government was necessary not only for strengthening democracy in a country but also for securing good governance, which was essential to ensure the welfare of the citizens. Local government was always appreciated by the general public because it remained within their approach, as such they were involved in the decision making process. Constitutional petition was disposed of accordingly."
13. From the perusal of Articles of Constitution referred supra and cited case-law, it is crystal clear that the establishment of local government by the Provincial Government is a constitutional assignment which is directly connected/associated with the fundamental rights of the public at grass root level to protect the human dignity of common man to which he was entitled.
14. While dealing with the prime issue of conferment of the legal authority of Election Commission of Pakistan for the delimitation of local government constituencies, at the first hand, we would refer the relevant Articles of the. Constitution and other statutes including case-law to deliberate by focusing upon all the relevant corners of the controversy.
15. Admittedly, the assignment of holding of election of Local Government has been consigned to the Election Commission of Pakistan under the Articles 140A(2), 219(d) and 222(b) of the Constitution as well as section 35(1) of Sindh Local Government Act, 2013, consequently, there is no ambiguity in this context that Election Commission has exclusive mandate to hold election of local governments, besides the elections of the National Assembly and Provincial Assemblies.
16. From the bare perusal of the Article 222(b) of the Constitution, it is evident that said Article has not put any embargo upon the Provincial Government regarding the delimitation of local area of constituencies, but the Article 222 of the Constitution empowers the Parliament to legislate law for the allocations of seats for the National Assembly, preparation of electoral rolls, the delimitations of the constituencies by the Election Commission etc., but no such enactment pertaining to the delimitation of local government constituencies has been promulgated by the Parliament.
However, in sections 5, 8 and 9 of the Delimitation of Constituencies Act, 1974, a mechanism has been provided for the delimitation of constituencies for the general seats of the National Assembly, Provincial Assemblies and Federally Administered Tribal Areas etc., by the Election Commission, but no provision of said Act has conferred such powers to the Election Commission to deal with the issue of delimitation of local government constituencies.
17. The learned counsel for the petitioners have emphasized that under Rules 7 and 8 of Sindh Local Government Election Rules, 2000, the wards within the Union Councils shall be delimited and the delimitation officer shall be appointed under the directions of Chief Election Commissioner, and said Rules have not been repealed by any enactment. This contention was vehemently attacked by the learned counsel for the respondents and contended that when Sindh Local Government Election Ordinance, 2000, has been repealed, then the Rules promulgated under said Ordinance automatically stand revoked. Reliance is placed up in the case of Ahmad Khan Niazi v. Town Municipal Administration, Lahore through Town Municipal Officer and 2 others, PLD 2009 Lahore 657, wherein it has been held that rules framed under any statute are its progeny and upon the repeal of the parent law shall automatically extinguished (repealed) until and unless are adopted and/or saved by another law. In this context, we would also refer section 196 (Repeal and savings) (1) (ii) of Sindh Local Government Ordinance, 2001, whereby Sindh Local Government Election Rules, 2000 (X of 2000), have been repealed and at present same are neither alive nor can be referred.
18. It has been further emphasized that under section 35 of said Act, Election Commission of Pakistan shall conduct elections for the Councils and the Government of Sindh shall in consultation with the Election Commission, make an announcement of the date or dates on which the election for the Councils shall be conducted in the Province or part thereof.
19. In case of WorkersParty Pakistan through Akhtar Hussain, Advocate General Secretary and 6 others v. Federation of Pakistan and 2. Others, PLD 2012 Supreme Court 681, the Election Commission has been directed to ensure free, fair and transparent election. The honourable Court has also issued certain directives to the Election Commission to control the election expenses upon the election campaign, picking and dropping of voters on the day of polling, instead of involving the employees of the Provincial Governments, the employees of Federal Government/ autonomous, organizations/ agencies, including the armed and para-armed forces might be instructed to carry out stipulated functions at the polling stations; and the Election Commission was expected to take effective steps in regard to computerize balloting at an appropriate time.
20. In case of Surendrasinhaji Jorawarasinhji Jhala v. U.M. Bhatta, Chief Electoral Officer, Ahmedabad and others, AIR 1969 Gujarat 292, it has been held that it is clear that the delimitation of constituencies or preparation, revision or amendment of the electoral roll is not a stage in the process of any particular election but is an anterior stage.
21. In case of Amirzada Khan, M.N.A v. Chief Election Commissioner and 2 others, PLD 1974 Lahore 178, the Court has held as follows:-- "As to when does an election start and when it ends or what is the meaning of the word "election" is a question to be answered with reference to the context of each case and the relevant law or statute. Generally speaking election is a process which starts with the issuance of the election programme and consists of the various links and states in that behalf, as for example, filing of the nomination papers, their scrutiny, the hearing of objections and the holding of the actual polls etc. If any of these links are challenged it really tantamounts to challenging the said (process of) election."
22. In case of Muhammad Nazir Hakim v. Bakhtiar Said Muhammad and another, PLD 1962 (W.P.)
Lahore 421, it has been held that "Election" is a single process from the date of publication of the electoral roll to the, date on which the result of the elettion is declared, like a chain with a number of links. A date "Preceding" the election will then be a date preceding the first link in the chain and not a date preceding the last link for a date preceding the last link would be a date preceding the declaration of the result, and all other links in the chain of election would "precede" such date. An election is not completed until the entire election programme is over, but notification of the result is no part of the election pragramme as detailed in rule-4, sub-rule (3) of the - Basic Democracies Election Rules, 1.959. An election ends with the declaration of the result, and since the Government does not fix any particular date for its notification, the date on which an election becomes complete will remain a matter of uncertainty if the notification of the result were also regarded as a part of the election.
23. In case of Prem Keval Ram Shahani v. Government of Pakistan through Secretary to Government, Ministry of Justice and Parliamentary Affairs, Islamabad and another, PLD 1989 Karachi 129, the court has observed that functions and duties of Election Commission have been entrusted with the duty to organize and conduct elections and to make such arrangements as are necessary to ensure that the election was to be conducted honestly, justly, fairly and in accordance with and that corrupt practices are guarded against. Election Commission is also duty bound for preparing electoral rolls for election to the National Assembly and Provincial Assemblies and revising such rolls annually, organizing and conducting election to the Senate or to fill casual vacancies in a House or a Provincial Assembly and appointing Election Tribunals.
24. In the case of Election Commission of Pakistan through its Secretary v. Javaid Hashmi and others, PLD 1989 SC 396, it has been held that word "conduct the elections" in Art.218(3) is of a wide importance and should be read into other provisions which occur in the same Chapter to give a purposeful meaning to the word "election", which thus has been used in Article 225 with reference to the entire process consisting of several steps taken for its completion which have a bearing on the result of the process. It has further been held that if it be the case whether an action falls within ambit of "election" or not it has to be tested on the touchstone of the word "election" as given in Art.225 which is not affected in view of the Constitutional bar providing for the enforcement of the right through remedies available under the Act comprehended therein.
25. From the above meticulous discussion, we are of the firm opinion that Election Commission has been entrusted with the duty to organize and conduct elections and to make all necessary such arrangements to ensure that the election must be conducted honestly, justly, fairly and in accordance with law, but the Commission has no mandate for the delimitation of local government constituencies.
26. Now we, lastly, would examine thoroughly the competency of the Provincial Government for the delimitation of local government constituencies and taking necessary steps to achieve the subject task.
27. It is further urged that it is categorically settled in the Constitution that Provincial Assembly has exclusive power to legislate the laws/ enactments relating to the province, and Parliament has no scope for such legislation. The Article 142(c) of the Constitution and Federal Legislative List are crystal clear in this context. Accordingly, to strengthen this debate, same are reproduced hereunder:-- "Under the Article 142(c):-- A Provincial Assembly shall, and Majlis-e-Shoora (Parliament) shall not,- have power to make laws with respect to any matter not enumerated in either the Federal Legislative List or the Concurrent Legislative List:"
Fourth Schedule, Federal Legislative List:--
41. "Elections to the office of President, to the National Assembly, the Senate and the Provincial Assemblies; Chief Election Commissioner and Election Commissions."
28. Laws are just guidelines. Society is run by humans through laws, and not by laws themselves.
Laws can be deleted, replaced or simply became outdated. While the society is a continuous process of human beings and for the survival of the society, it is the prime responsibility of the legislatures to legislate the laws as per the need of the day in order to ensure the administration of justice and to strengthen the basic norms of the society. There is no cavil to the proposition that legislatures in their wisdom can bring certain amendments in the statute and these amendments are fully protected unless found to be offensive and inconsistent to the Articles of the Constitution.
Accordingly, considering the supra constitutional scenario, the Government of Sindh by deriving authority from the respective Articles of the Constitution, has promulgated Sindh Local Government Act, 2013, therefore, the said Act and its provisions cannot be held in the present case to be in contravention to the Articles of the Constitution. The preamble of such Act, being essential to conclude the controversy, is also reproduced hereunder:-- "to rationalize and reorganize the local government in the Province of Sindh.
Whereas it is expedient to establish an elected local government system to devolve political, administrative and financial responsibility and authority to elected representatives of the local governments; to promote good governance, effective delivery of services and transparent decision making through institutionalized participation of the people at local level; and, to deal with ancillary matters;"
29. It is next contended that although the Government of Sindh has still not formulated the rules as envisaged under section 138 of Sindh Local Government Act, 2013, but a mechanism has been evolved in said Act by adding transitional provisions for effective implementation of the provisions of this Act to run the various affairs of the local government to achieve any specific task sections 141 and 155 of said Act have also conferred extraordinary powers to the Government of Sindh in this regard. For the better understanding of the controversy raised in these petitions, it would be quite relevant and advantageous to reproduce referred supra sections hereunder:--- "S.141.---(1) Government may, by notification, delegate any of its powers under this Act or the rules to Council or to any officer under Government or the Council, as the case may be."
"S.155.---(1) Notwithstanding anything contained in this Act, the Government may for a period not exceeding six months from the date of commencement of this Act shall have the power to pass any order for the effective implementation of the provisions of this Act or to deal with the situation not specifically provided for under this Act."
30. It is further averred that section 5 of Sindh Local Government Act, 2013, has put impediment that the Council established under this Act shall function within the provincial frame work and shall faithfully observe the Federal and Provincial Laws; and in the performance of their functions, the Councils shall not impede or prejudice the, exercise of executive authority of the Government.
Consequently, it is crystal clear that section 5 of said Act has fortified the legal mandate and over ali command of the Provincial Government over the functions and administration of the Local Government.
31. It is next pointed out that under sections 8, 16 and 17 of this Act, the Provincial Government shall notify the constitution and names of the Councils. Likewise, section 18 of the Act also confers powers to the Provincial Government to issue notification to extend, curtail or alter the limits of Councils after inviting objections from the residents of the area and hearing them and also consulting the concerned Council.
32. It is also pertinent to mention here that a procedure has been prescribed in section 11 of the Act for delimitation, which is reproduced hereunder:-- "S.11.---(1) Government shall, in the prescribed manner, delimit wards in Municipal Committees, Town Committees and Corporations.
(2) For the purposes of delimitation of an urban area, a ward shall, as far as possible, consist of a census block or adjoin census blocks.
(3) For the purpose of delimitation of a Union Council, a ward shall, as far as possible, consist of a whole or part of a deh, a census block or combination of adjoining villages of census blocks."
33. In the present controversy, the Provincial Government under the provisions of Sindh Local Government Act has announced the process of delimitation of the Councils in the Province, whereby vide two separate notifications dated 26-9-2013, the Deputy Commissioners have been appointed as Delimitation Officers, and the Commissioners as Election Tribunals respectively. The Provincial Government has also notified the specific terms of references as well as issued guide lines to achieve the task of the delimitation of Councils and to facilitate the public at large to pursue their grievances if any by filing objections, prior to the completion of the process of delimitation.
34. For the appropriate decision, it would be beneficial to reproduce the both notifications issued by the Government of Sindh hereunder:- GOVERNMENT OF SINDH LOCAL GOVERNMENT DEPARTMENT Karachi, dated-the 26th September, 2013, NOTIFICATION No. RO(LG/Misc:/4(18)/2013. With the approval of Sindh Cabinet accorded in its meeting held on 25th September, 2013 and subsequent approval of Chief Minister, Sindh, the Deputy Commissioners of respective Districts are hereby appointed as Delimitation Officers in respect of Local Councils established under the Sindh Local Government Act, 2013.
TERMS OF REFERENCES:
1. The Delimitation Officers are required to accomplish the delimitation exercise within a period of two weeks as per guidelines (attached).
2. They can seek assistance of Assistant Commissioners, Mukhtiarkars and other relevant officers of the District, if so required.
ALI AHMAD LUND SECRETARY TO GOVT.OF SINDH GOVERNMENT OF SINDH LOCAL GOVERNMENT DEPARTMENT Karachi, dated the 26th September, 2013 NOTIFICATION No. RO(LG/Misc:/4(18)/2013. With the approval of Sindh Cabinet accorded in its meeting held on 25th September, 2013 and subsequent approval of Chief Minister, Sindh, the Divisional Commissioners are hereby appointed as Election Tribunals in the Province to hear the objections and decided the appeals/ objections received against delimitation and proposals with a period of one week for calling objections and one week for decision and hearing.
ALI AHMAD LUND SECRETARY TO GOVERNMENT OF SINDH
35. Furthermore, the Guidelines issued by the. Government of Sindh in continuation of above referred notifications, are also reproduced as under:- "GUIDE LINES FOR DELIMITATION OF CONSTITUENCIES As per newly enacted Sindh Local Government Act, 2013, the Government shall prescribe the procedure for delimitation of the Local areas for establishment of Union Committees, Union Councils, Town Committees, Municipal Committees, Municipal Corporations and Metropolitan Corporation(s).
CRITERIA -FOR DELIMITAITON The area should be as far as possible compact, contagious and territorial unity.
Population.
Boundaries of Local Councils should be as far as possible not cross the revenue unit viz. Deh, Tapa, Circle, Taluka or District.
There will be as far as possible minimum changes in the present set up.
PROCEDURE OF DELIMITATION.
The Deputy Commissioner concerned has been appointed as. Delimitation Officer for various .
Categories of Local Councils.
The Delimitation Officer shall prepare preliminary proposals keeping in view the following:- Objections shall be invited.
For the purpose of election, a local area shall be divided into electoral units keeping in view the number of seats on the council and the population of local area.
The electoral units within the area shall be delimited having regard to the territorial unity and as far as practicable, to distribution of population and public convenience.
In urban areas wards have been declared Union Committees and as far as possible these may be kept intact as per practice of 13-8-2001.
In, rural areas as for as possible delimitation of present Union Councils may not be disturbed.
The Delimitation Officer can seek assistance in the delimitation ward from the Assistant Commissioners, Mukhtiarkars and other revenue officers/officials in the district.
The tribunals will consider the representations and hearing those who wish to be heard, make such amendments, alternations or notifications in the preliminary list so published.
After disposal of all representations, the Election Commission Pakistan shall arrange to have the final list of electoral units published in the Official Gazette or in case of urgency in such manner as it deems fit.
POPULATION CRITERIA a. Union Council 15,000-20,000 b. Town Committee 20,000-50,000 c. Municipal Committee 50,000-300,000 d. Municipal Corporation 300,000-3.5 Million e. Metropolitan Corporation 3.5 Million and above f. Union Committees in a 25.000 Corporation g. Union Committees in 45.000 Metropolitan Corporation h. A Ward in a Municipal Committee and Town Committee (Excluding Corporation) shall Comprise population of 2000.
36. In the case of Altaf Ahmed Asmat v. Sarfraz Hussain and 2 others, 1984 CLC 1308, it is held that instructions issued by Government directing Punjab Public Service Commission to implement recommendations of Committee charged with task of streamlining procedure of Commission, being of general application and express in terms, held, have binding force as that of statutory rules.
37. In the case of Nadeem Akhtar Khakan Niazi and another v. Zila Council, Khanewal through Chairman and 2 others, 1999 YLR 685, it has been held that instructions or memorandum issued by a Provincial Government to all Metropolitan/Municipal Corporations and Zila Councils in the Province have the status and force of law.
38. In case of Salahuddin Dharaj v. Province of Sindh and 4 others, PLD 2013 Sindh 236, it has been held that policy could be challenged, if same being in conflict with law or violation of fundamental rights of a citizen. It has further been held that conditions essential for a valid notification being its issuance by an authority having power under the law and its publications in official gazette. Public functionaries were not permitted to use powers in an illegal manner.
39. In the case of M.D. Tahir, Advocate v. Chief Secretary, Government of the Punjab, Lahore and another, 1995 CLC 1687, it is held that policy matters and political issues should primarily be decided on political platform and as such same have to be resolved by the executive and the legislature and not by the judiciary. Where any person was aggrieved of any policy matter or desired resolution of political issue, proper course for him would be to approach the Government through public so that matter/issue could be taken up and resolved through public representatives in or outside the Parliament/ Assemblies. Any decision taken or policy adopted by Government would be presumed to be in public interest unless otherwise proved by cogent evidence led to the contrary. Superior Courts in exercise of power of judicial review, although are entitled to struck down excesses committed by executive authorities, yet may not interfere into the area of legislature.
40. In the case of PLD 1995 Karachi 552, Mst. Bilquis Ismail v. NaeeMuddin and 3 others, it is held that Provincial Government was entitled to create as many Divisions in the Province with such limits as prescribed by the Government through notification. Provision of S.6 of the West Pakistan Land Revenue Act, 1967, postulates that each Division would be divided into such Districts and that those Districts be further divided into Sub-Divisions. No limitation was imposed on the powers of Provincial Government in dividing the Province into several divisions and one division into several districts.
41. In case of Mian Mushtaq Hussain Dogar v. Province of. Punjab through Chief Secretary, Lahore and 7 others, PLD 2006 Lahore 627, it has been held that notification for creation of new Divisions and Districts in a Province was essentially an administrative measure under S.6 of West Pakistan Land Revenue Act, 1967. Under subsection (1) of section 6 of West Pakistan Land Revenue Act, 1967, Government had the powers to divide each Division into Districts and District into Sub-Divisions or Tehsils. Section 6(2) of the said Act empowered Government to vary the number and limits of Divisions, Districts and Sub-Divisions or Tehsils in the Province. Policy decisions of such nature fell within the ambit of power, of executive Government to be taken in view of public interest, administrative, practical convenience and difficulties of local population etc.
42. In the case of Bank of Punjab and another v. Haris Steel Industries (Pvt.) Ltd. And others, PLD 2010 Supreme Court 1109, it has been held. That where the intention of the legislature was clear, and the object for which law had been enacted was patent =and evident the courts were not allowed to interpret such a law in a manner which could impede or defeat the object for which such law had been enacted..It has been further held that what was not permitted by law to be achieved directly could not be allowed to be achieved indirectly.
43. In exercise of powers conferred by the Sindh Local Government Act, 2013, the Provincial Government has announced the delimitation B process and issued two separate notifications dated 26-9-2013, and in addition Guidelines for Delimitation Authorities have also been issued by the Provincial Government which address the different aspects of the delimitation process and the general public have been provided a mechanism to file their objections before the Delimitation Officers and another appellate forums in shape of Election Tribunals have been provided for redressal of the grievances.
44. In the light of the constitutional provisions, statutory provisions of SLGA-2013, we conclude that the Provincial Government of Sindh has lawful authority to deal with the subject of delimitation of Local Government constituencies particularly when opportunity of inviting objections as well as appellate forum have been provided to the aggrieved persons, which is also compliance of the principles of natural justice that no one should be condemned unheard.
45. Consequently, we are of the view that the word to hold election by the Election Commission as envisaged in the Constitution covers the process of issuance of notification of the election, filing of nomination papers by the candidates, examination of validity of the candidate as per filled form according to the relevant laws, withdrawal of candidature of the candidate, availability of the election material and also to ensure all the other necessary arrangements to complete the entire process of election till announcement of its result. The assignment of the delimitation of local government constituencies never falls within the ambit of Election Commission and no specific Article of Constitution as well as Sindh Local Government Act, -2013 empowers the Election Commission for the delimitation of the areas of Local Government constituencies, and even Parliament has not promulgated any such law. Resultantly, no constitutional mandate is violated by the process of delimitation being carried out and further actions taken in accordance with the provisions of Sindh Local. Government Act,2013 by the Provincial Government.
46. Accordingly, we have no hesitation to conclude our findings that the process of delimitation of local government constituencies does not fall within the domain of the Election Commission of Pakistan, and it is exclusive mandate of the Provincial Government to deal with the subject of delimitation of the local government constituencies. Consequently, the petitioners who failed to avail such remedy before the competent forum cannot agitate the same through these constitutional petitions.
47. As a sequel to the foregoing reasons and discussions,. Petitions the petitions filed by the petitioners being devoid of merits stand dismissed.