The Islamabad High Court presided over cases concerning constituencies, highlighting that the Election Commission lacks the authority to decrease seats due to population growth. Justice Arbab Muhammad Tahir led the proceedings, questioning how seats could be reduced if the population had increased. The court summoned arguments from the Election Commission at 2 o’clock regarding this matter.
Representatives including lawyers Syed Qamar Sabzwari and Qasim Nawaz Abbasi appeared for the petitioners, while Zaigham Anees and Tamman Mamoon represented the Election Commission. During the hearing on constituencies across different provinces, Justice Arbab Muhammad Tahir acknowledged the limitations post the Supreme Court’s recent decision but expressed intent to issue a decision crucial for future cases.
The court queried the Election Commission on their role in announcing constituency schedules under Section 57 and requested specifics on the number of voters for National Assembly Constituencies. Counsel Qamar Sabzwari pointed out the Commission’s admission of errors followed by dismissals of applications.
The petitioners’ counsel highlighted disparities, citing examples like NA-8 Bajaur with a population of 1.3 lakh having one constituency while neighboring areas with larger populations had only one constituency as well, despite having a significantly higher population.
The Election Commission’s representative defended their delineation based on district limits.
Pointing to a previous remand by the Islamabad High Court on the delimitation of NA-35 Kohat, the court questioned the Election Commission’s authority under the Election Act to merge constituencies due to population increases. It emphasized the absence of provisions allowing the Commission to decrease constituencies when populations surge.
The petitioner’s counsel alleged the Election Commission’s violation of Section 20 of the Election Act, citing instances where constituencies were assigned numbers conflicting with actual population figures.
The court sought clarification on how a constituency was allocated in an area with a population of 9 lakhs while another constituency was set in a 13-lakh population zone, highlighting similar issues in Khyber Pakhtunkhwa and Balochistan.
Various constituencies from Punjab, Sindh, Khyber Pakhtunkhwa, including Chiniot, Toba Tek Singh, Bajaur, Sanghar, were challenged in the Islamabad High Court. The court adjourned further proceedings until 2 pm on the same day.