BHC dismisses petitions on Quetta LG delimitation

QUETTA: A two-member bench of the Balochistan High Court (BHC), comprising Justice Iqbal Ahmed Kasi and Justice Muhammad Najamuddin Mengal, has dismissed multiple constitutional petitions related to local government elections, delimitations, and the census in Quetta.

The bench announced a consolidated judgment on these cases and directed the Election Commission of Pakistan (ECP) to complete the electoral process as soon as possible in accordance with the law.

The court observed that the complaints and legal questions raised in all petitions were of a similar nature, hence a single verdict was issued for all. Representatives of the government and the ECP informed the court that the delimitation process falls entirely under the jurisdiction of the Election Commission as per the Election Act 2017, while conducting the census is the responsibility of the Pakistan Bureau of Statistics. The court was also informed that the Balochistan government had issued the necessary notifications under the Balochistan Local Government (Amendment) Act 2022 in compliance with the court’s earlier directives issued in 2022.

In its detailed judgment, the court noted that delimitation is a fundamental and indispensable step to ensure fair representation in elections. It emphasised that maintaining the balance and integrity of the vote is the foundation of every electoral system. The court further held that the power of delimitation constitutionally lies within the domain of the Election Commission, and judicial interference at this stage is unwarranted unless a clear violation of law or overreach of authority is proven.

The court found no merit in the arguments challenging the delimitations based on the 2017 census. It noted that the Council of Common Interests (CCI) had approved the 2023 census on August 5, 2023, while the delimitation process had already begun prior to that. The petitioners also failed to file formal objections against the delimitations before any competent forum, nor was any evidence presented to show that any voter had been deprived of the right to vote.