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1983 CLC 1748

NOORUDDIN vs ELECTION AUTHORITY AND ANOTHER

Citation1983 CLC 1748
CourtSindh High Court
Case No.Constitutional Petition No, D-1554 of 1979
Date1983-04-03
Judge(s)Saeeduzzaman Siddiqui, Fakhruddin H. Shaikh
ResultPetition dismissed

' SABEDUZZAMAN SIDDIQUI, J.-The petitioner has challenged in this petition the delimitation of Dhoronaro Town Committee done by the respondents in the year 1979. The petitioner has alleged that the delimitation of Dhoronaro Town Committee was done under rule 8 of the Sind Local Council (E lection) Rules, 1979 in August, 1979 and the Town Committee was divided into six electoral units. Out of these four seats were allotted to the Muslims and two seats were allotted to the non-Muslim candidates. It is further alleged that this delimitation was later revised by the respondents unlawfully, without notice to the petitioner and without inviting objection s as required under the law, and as a result of this revision delimitation the Town Committee was divided into 8 electoral units and out of these units six seats were allotted to the Muslims and two seats were allotted to the non-Muslims. Mr. Anwar Jamal, the learned counsel for the petitioner contends before us that this subsequent delimitation of the Dhoronaro Town Committee raising the electoral units from six to eight was an act without jurisdiction as the respondents having once completed the delimitation had no jurisdiction to revise the same without following the procedure prescribed by law.

2. At the hearing of the petition the learned counsel for the respondents jointly raised a preliminary objection as to the maintainability of the petition. They urged that the real contention of the petitioner is that Ward No, 348 should be excluded from Dhoronaro Town Committee and added to the Sabhoo Union Council which is adjacent to Dhoronaro Town Committee. The learned counsel for the respondents in this behalf referred us to Annexure "A" to the petition which are the objections filed by the petitioner before the Deputy Commissioner, Tharparkar, contending that Ward "A" which was divided into Sub-Wards "A". "B" and "C" be excluded from Dhoronaro Town Committee and added to the area of Union Council of Sabhoo. This representation of the petitioner was considered and rejected by the Member, Provincial Election Authority on 26th August, 1979 on the ground that Ward No, 348 was already notified as an Urban areas and included in the limits of Town Committee Dhoronaro long ago. We, however, find after going through the petition that the petitioner has neither made any grievance regarding inclusion of Ward 348 in Dhoronaro Town Committee nor any prayer is made in the petition to declare Ward 348 as part of Sabhoo Union Council. Mr. Anwar Jamal the learned counsel for the petitioner also raised no such contention before us. We, therefore, see no substance in the preliminary objection raised by the learned counsel for the respondents.

3. Coming now to the grievance of the petitioner that the delimitation of Town Committee Dhoronaro was revised by the respondents without notice to the petitioner and without inviting objections as required by law, we find that this contention of the petitioner is based on Annexures "C" and "D" to the petition which are . Alleged to be the A original and revised delimitation of the Town Committee Dhoronaro respectively. The two documents are specifically denied by the respondents in the counter-affidavit filed in the petition and no re-joinde was filed by the petitioner to it. We have seen these documents (Annexures "C" and "D"). These are photostat of unauthenticated1B typed documents. These are neither signed by any one nor do they bear any endorsement by any authority but certifying as true copies of any documents. These are not even certified as a true copy by the learned counsel for the petitioner who filed them with this petition.

The contention of the respondents in the case is that there was only one delimitation of the 'Town Committee Dhoronaro' which was made after rejecting the representation of the petitioner.

According to respondents the delimitation was made on or about 31st August, 1979 and on 31st August, 1979 the delimitation was forwarded for publication in the Sind Gazette which appeared in the Sind Gazette dated 22nd December, 1979. It is specifically contended that after the delimitation of 31st August, 1979 there C was no revision in the limits of electoral unit and in support of their contention the respondents have produced with their counter-affidavit, the photostat of the original Gazette notification. In these circumstances we cannot accept the documents Annexures "C" and "D" filed by the petitioner with the petition and hold that there was only one delimitation of the Town Committee Dhoronaro on 31st August, 1979 which was published in the Sind Gazette dated 22nd December, 1979. The contention of the petitioner that the respondents originally delimited the Town Committee Dhoronaro into 6 electoral units which was subsequently revised to 8 accordingly failed. No other point was raised. We find no substance in this petition which is accordingly dismissed but will make no order as to costs in the circumstances of the case.

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