A two-member bench of the apex court headed by Justice Ijaz ul Ahsan will conduct hearing of the PTI petition. PTI General Secretary Asad Umer on April 19, 2022, had filed the petition under Article 184(3) of the Constitution seeking a declaration that the delimitation schedule announced by the ECP on April 11 was ‘illegal’ and ‘unconstitutional.’
Justice Ijaz on April 26 in chambers had set aside the Registrar Office objections on the PTI petition to halt fresh delimitation of constituencies across the country.
The PTI has prayed to the apex court to declare that the delimitation notified under the notification dated 3rd May 2018 may be held exhaustive for all intents and purposes of the elections until a new census takes place. It requested the court to direct the Election Commissioner and Secretary ECP to ensure electoral process (whenever it is called) in accordance with law and the Constitution and strictly refrain from creating any delay.
Asad Umar submitted that the schedule issued by the Election Commission is unconstitutional and illegal. The delimitation of the constituencies being a constitutional function cannot be conducted in violation of the mandatory command of the Constitution and the law.
He added that the special permission was granted by the then Parliament to carry out the delimitation of national and provincial constituencies, on the basis of provisional census result. Such action was introduced as an exception to the general rule to ensure the general elections 2018, and thereafter article 51(5) of the Constitution of Pakistan 1973, stands restored in its actual form.
He continued that new delimitation of provincial and national constituencies all over Pakistan and scheduled issued by the ECP amounts into departure from article 51(5) in absence of new census and stands squarely in violation thereof. As the delimitation exercise conducted in 2018 on the command of the constitution has to be considered final till the new census takes place. Admittedly no new census has been carried till the date. Hence the respondents are bound to hold elections on the basis of delimitation colluded previously.
The petition maintained that wwthe schedule issued by the Election Commission of Pakistan with regard to the delimitation of national and provincial constituencies is contrary to the law and the constitution and liable to be struck down.