Balochistan High Court Dismissed the Petitions Against Local Government Elections

QUETTA: On Monday, the Balochistan High Court dismissed all the petitions about the Local government elections, delimitation, and census, and allowed the Election Commission of Pakistan to complete the election proceedings as per the law.

BHC dismissed petitions:

After hearing the petitioner’s lawyers in the case, the two-member bench from the Balochistan High Court announced the final verdict. The two-member bench includes Justice Iqbal Ahmad Kasi and Justice Muhammad Najamuddin. 

The Judges observed that the petitioner’s questions and the legal queries of the case are of the same nature. That is why the verdict will be fit for every question raised in this case.

The petitioners said that the ECP has committed serious irregularities in the Quetta delimitations, which are badly affecting the interests of the rural areas. The petitioners argued that the ECP’s delimitation of Quetta is strictly violating the Constitution, the Election Act 2017, and the Balochistan Local Government Act 2010. 

In addition, they also argued that the rural areas such as Sariab, Panjpai, and nearby localities had been unjustifiably included in the urban limits, which they described as unnecessary and unfair.

Government and ECP clarify their roles:

During the hearing, representatives of the government and the ECP informed the court that the delimitation process is entirely under the ECP’s jurisdiction according to the Elections Act. They also explained that conducting the national census falls under the responsibility of the Pakistan Bureau of Statistics (PBS).

The court was told that the Balochistan government had already issued the required notifications under the Local Government (Amendment) Act 2022, fulfilling the court’s earlier orders from that same year.

In its detailed judgement, the Balochistan High Court (BHC) emphasised that delimitation is a vital and necessary process to ensure fair and equal representation in elections. It noted that “maintaining the balance and integrity of the vote is the foundation of every electoral system.”

The court further observed that the power of delimitation constitutionally lies within the ECP’s domain, and that judicial interference in this process is unwarranted unless there is a clear violation of the law or an overreach of authority.

No evidence of rights violation:

The BHC rejected the arguments challenging the use of data from the 2017 census for delimitation. It pointed out that the Council of Common Interests (CCI) had approved the 2023 census on August 5, 2023, while the ECP’s delimitation process had already started before that date.

The court also observed that the petitioners had failed to file any formal objections with the proper authorities and did not provide any evidence showing that a single voter had been deprived of their right to vote.

Court orders prompt elections:

The BHC dismissed all pending petitions and directed the ECP to complete the election process promptly and in accordance with the law. The court also announced that all interim orders issued in 2023 have been withdrawn, clearing the way for the electoral process to move forward smoothly.