' This order will dispose of Writ Petition No,976 of 2001 and Writ Petition No,1029 of 2001 together.
2. The petitioner seeks a declaration that Notification, dated 25-1-2001 is violative of law and rules made under Punjab Local Government Elections Ordinance, 2000 and without lawful authority and, therefore, liable to be set aside.
3. 'The admitted position is that vide Notification No, Election-1-20/PA/ADLG/ 1806, dated 5-1-2001 the D.C. Multan in exercise of powers delegated to him by the Government of the Punjab's vide Notification No, SOV(LG) 5-3-2000, dated 4-12-2000, constituted and notified the preliminary unions of District Multan under the provision of section 3 of the Punjab Local Government Elections Ordinance, 2000 as under:--- {{TABLE}} Lutaf- , Lutafabad 9062 17 9079 abad Chak Lutafabad 648 44. 692 Jhok 970 970 Sarkari Inyatpur Mohota 8391 57 8448 Jhok Arbi 499 499 Khizan Pur 509 509 Allahyarpur 790 790 Jarh S.No, Name Extent of the Population of Area of Union according to 20869 118 20987 Union (Village in case of rural and charges in case of Urban Councils) 1998 District Census Report. The scheme of Ordinance V of 2000 is that section 3 provides for the purpose of this Ordinance:---
(a) The local area shall be districts, towns, Tehsils and unions;
(b) the Government may, by notification, declare-- Charge Circle Mus No,/ No, lim Village Nob- Total Muslim Saddar Sub-Division, Multan (Rural) (i) any area comprising one or more Mauziaat and in the case of an Panj Koha Panj Koha 1990 1990 area with urban characteristics comprising one or more population Sangi 228 228 census blocks delimited for the 3 Basti Nau Dhand 858 858 last proceeding census to be a union; and 4.
Gahgra Larhi 421 278 421 278 (ii) any area to be a town, a Tehsil or a
6. Garay Wahin 870 12 882 District.
Tahirpur 2414 8 2422 The rules framed under that Ordinance were Raipur 525 1 526 made and according to Rule 9(4):--- , Saddarpur 1990 10 2000 Bibipur 569 569 "Any person entitled to vote in an Harawat 1731 1731 election of a union may, within Kolta Sadat 1913 5 1918 specified time, make a Gith Brabar 6683 1 6684 representation, objection or Shahpur 511 25 536 suggestion in respect of delimitation of electoral wards of that union to 20981 62 21043 the Delimition Officer or the Assistant Delimitation Officer. {{TABLE}} ' The scheme of Ordinance V of 2000 is that section 3 provides for the purpose of this Ordinance:---
(a) The local area shall be districts, towns, Tehsils and unions;
(b) the Government may, by notification, declare--
(i) any area comprising one or more Mauziaat and in the case of an area with urban characteristics comprising one or more population census blocks delimited for the last proceeding census to be a union; and
(ii) any area to be a town, a Tehsil or a District.
' The rules framed under that Ordinance were made and according to Rule 9(4):--- "Any person entitled to vote in an election of a union may, within specified time, make a representation, objection or suggestion in respect of delimitation of electoral wards of that union to the Delimition Officer or the Assistant Delimitation Officer.
' Objections received after the specified date shall be rejected."
' Those objections when filed within a prescribed time were to be forwarded to the Appellate Authority on the date fixed for the purpose to decide the objections.
4. In the present case also the objections were filed against the Notification, dated 5-1-2001 by one Allah Ditta son of Sikandar Khan before the Commissioner, Multan Division which were rejected on 15-1-2001. Thereafter, the Deputy Commissioner, Multan was to issue a final Notification under Rule 10 of the Punjab Local Government Elections Rules, 2000 as final list of wards which was made on 25-1-2001. The Delimitation Officer under Rule 10 was bound to make such amendments, alterations or modifications in the preliminary list of electoral wards as may be required in the light of decisions of the Appellate Authority given on objections and/or suggestions. The Deputy Commissioner, Multan while issuing the final lits of wards concerning Panj Koha and Lutafabad made certain alterations as changes which were not present in the preliminary list against which the objections were rejected. The petitioner is aggrieved by this exercise of the Deputy Commissioner being against the letters and spirits of the law and the rules contained in Ordinance V of 2000. The changes are as under:--- {{TABLE}} List vide Notification, dated 5-1-2001 Panj Panj Koha 1990 - 1990 Koha Sangi 288 - 288 Basti 858 - 858 Nao Dhand
4. Gahgra 421 - 421
5. Larhi 278 - 278
6. Garay 870 12 882 Wahin
7. Tahirpur 2414 8 2422
8. Raipur 525 1 526
9. Saddarpur 1990 10 2000
10. Bibipur 569 569
11. Harawat 1731 1731
12. Kotla 1913 5 1918 Sadat
13. Gith Brabar 6683 1 6684
14. Shahpur 511 25 536 20981 62 21043 Lutaf- abad 1. Lutafabad 9062 17 9079
2. Chak 648 44 692 Lutafabad B 3. Jhok Sarkari 970 - 970
4. Inayatpur 8391 57 8448 Mahota
5. Jhok Arbi 499 499
6. Khizanpur 509 509.
7. Allahyarpur 790 790 Jarh 20869 118 20987 Panj Panj Koha 1990 - 1990 Koha Sangi 228 - 228 Basti Nau 858 858 Dhand Gahgra 421 421 Larhi 278 278 Garay Wahin 870 12 882 Tahirpur 2414 8 2422 Raypu 525 1 526 Saddarpur 1990 10 2000 Gith Brabar 6683 1 6684 Shahpur 511 25 536 Miani Nisfi 583 583 Basti Ratta 1212 10 1222 Rasulpur 1547 - 1547 Allah yar 790 - 790 Pur Jarh 20900 67 20967 Lutaf- ahad Lutafabad 9062 0079 Chak 44 692 Lutfabad Ihok Sarkar 970 970 lnayatpur 8391 57 8448 Mahota Jhok Arhi 499 499 Khizan Pur 509 509 Bibipur 569 569 Harawat 1731 1731 Kotla Sadat 1913 5 1918 24322 123 24445 {{TABLE}}
5. The case of Ghulam Hussain writ petitioner is that the changes are within lawful authority and the case of Yasir Suleman writ petitioner is that their inclusion in the final list in Union Council, Lutafabad from Panj Koha is not acceptable to them and that it is also without lawful authority
6. On the other hand, learned counsel for the respondents Nos.5 to 8 has submitted that alternate remedy was available to the petitioner. As such, the writ petition was not maintainable.
7. Learned Assistant Advocate-General has supported the order of the Commissioner, Multan.
8. I have given due consideration to the valuable arguments on both sides.
9. The relevant provisions of law for disposal of these two writ petitions are contained in section 3 of the Punjab Local Government Elections Ordinance, 2000 (V of 2000) and Rules 9 and 10 of the Punjab Local Government Elections Rules, 2000 which reads as under:--- "Section 3. Local areas.---(1) For the purpose of this Ordinance--
(a) the local area shall be districts, towns, tehsils and unions; ' Government may, by notification, declare--
(i) any area comprising one or more Muaziaat and in the case of an area with urban characteristics comprising one or more population census blocks delimited for the last preceding census to be a union; and
(ii) any area to be a town, a tehsil or a district.
(2) As far as may be,--
(a) the areas of a union be a territorial unity;
(b) the area of a union shall not cross the limits of a town or a tehsil;
(c) the area of a union in a tehsil shall comprise a whole number of Patwar Circle, or a Patwar Circle may contain a Lumber of whole upon; provided that in specific cases the Government may, for reasons to be recorded, waive the aforesaid conditions;
(d) the area of a union in a city district or in a union with urban characteristics shall comprise a whole number of a census blocks as delimited for the purpose of the last preceding population census;
(e) a .Tehsil' or a town shall comprise a number of,unions as appropriate, and
(f) the population of unions within a district shall be similar.
(3) Government or an officer authorized by it shall invite objections on proposals relating to delimitation of unions and after giving an opportunity of being heard dispose them of in such manner as may be deemed fit."
"Rule 9. Preliminary list of wards. ---(1) The electoral wards in the union shall be delimited having regard to the territorial unity as far as practicable, distribution of population and public convenience: ' Provided that a Mauza or a Village in rural area and a Census Block in urban area shall not be broken.
(2) A Delimitation Officer may, for the purpose of delimiting the electoral wards, make such inquiries and examine such record as he may deem necessary.
(3) The Delimitation Officer shall publish at his office a preliminary list of electoral wards delimited under rule 7, together with a notice, in the manner determined by the Chief Election Commissioner, for inviting objections and suggestions from the general public within such period as may be specified in the notice. Such notice shall also give the date on which the Appellate Author tj shall decide objections and sugge. Ins.
(4) Any pers n entitled to v' in an election of a union ma within specified time, make a representation, objection or suggestion in respect of delimitation electoral wards of that union to the Delimitation Officer or the Assistant Delimitation Officer. Objections received after the specified date shall be rejected.
(5) Objections, or suggestions received within the specified period alongwith comments of the Delimitation Officer thereon shall be forwarded to the Appellate Authority on the day fixed for the purpose.
(6) The Appellate Authority appointed by the Election Commissioner and notified in the Official Gazette, shall decide the objections.
' For the purpose of deciding objections, or suggestions the Appellate Authority may make such inquiries and examine such record as may be necessary.
(8) The objections, representations or suggestions, if any, received shall be disposed of within specified time after providing an opporiunity of hearing to the parties concerned.
"Rule 10. Final list of wards. ---(1) The Delimitation Officer shall make such amendments, alterations or modifications in the preliminary list of electoral wards as may be required in the light of decisions of the Appellate Authority given on objections and/or suggestions.
(2) After incorporating the decisions of the Appellate Authority in the preliminary list of electoral wards, the Delimitation Officer shall publish in the manner as determined by the Chief Election Commissioner the final list of electoral wards within each union specifying the areas included in each such ward.
(3) The Chief. Election Commissioner may, at any time, suo motu or on an application made in this behalf order correction of any clerical error or any erroneous insertion or omission in the final list.
(4) The list of electoral wards published under sub-rule (2) shall be final and no appeal shall lie thereagainst."
10. The bare perusal of the above provisions of law shows that after incorporating the decisions of the Appellate Authority in the preliminary list of electoral wards, the Delimitation Officer shall publish in the manner as determined by the Chief Election Commissioner the final list of electoral wards within each union specifying the areas included in each such ward.
11. The arguments that the Delimitation Officer has got powers to make any changes against the order of the Appellate Authority or in violation of decision of the appeal to the Appellate Authority is not legally sound as in that case the very purpose of making provision in the law for an Appellate Authority will become void.
12. Similarly, the arguments on behalf of the Delimitation Officer that he has exercised the powers under some instructions by the Chief Election Commission is also not sound. It is the Chief Election Commissioner himself and not the Delimitation Officer who has been given the discretion under sub-clause (3) of Rule 10 that he may at any time, suo motu or on an application made in this behalf order correction of any clerical error or any erroneous insertion or omission in the final list.
The law and rule are very clear on the point of the respective powers of the Delimitation Officer, the Appellate Authority and the Chief Election Commissioner. The contention of the learned counsel for the writ petitioners have full force. As such both writ petitions viz. W.P. No,976 of 2001 and W.P.
No,1029 of 2001 are allowed.