ISLAMABAD: The Supreme Court held that the delimitation of a constituency, although significant for ensuring fair and effective representation, does not hold the same immediacy or overriding importance as the conduct of general elections.
“Delimitation, by its nature, is a detailed and often prolonged exercise, aimed at creating constituencies that reflect current demographic realities. While this is undoubtedly important for the health of a democratic system, it is not so critical that it should impede the timely conduct of general elections,” said the judgment of three-judge bench headed by Acting Chief Justice Sardar Tariq Masood, and comprising Justice Mansoor Ali Shah and Justice Athar Minallah.
The bench suspended the operation of the Balochistan High Court (BHC)’s order dated 12.12.2023. The BHC had allowed the constitution petitions regarding delimitations of constituencies in District Sherani and District Zhob and declared the delimitation order of the Election Commission of Pakistan (ECP) dated 26.11.2023 void and of no legal effect. The High Court further directed the ECP to notify the final delimitation (Form-7) for both constituencies.
The judgment authored by Justice Mansoor said: “In applying the principle of proportionality, it becomes evident that the larger good – the uninterrupted continuation of democratic processes and the assurance of the people’s right to government formation – takes precedence. Postponing general elections to address constituency delimitation could lead to a vacuum in governance and a potential crisis of legitimacy. Such a situation would be antithetical to the principles of democracy and the larger good of the populace.”
The judgment said that therefore, the principle of proportionality and the concept of the larger good demand that general elections be given primacy. Issues concerning the delimitation of constituencies, while important, should be addressed subsequent to the elections. This approach ensures the continuity of democratic governance and upholds the fundamental rights of the electorate, while still acknowledging the need for eventual and necessary adjustments in constituency boundaries.
“Therefore, if we proceed to adjudicate upon the issue of delimitation of the constituencies before us thereby reexamining or altering the notified constituencies by the ECP under challenge, we will invariably upset the timeline of the Election Programme and derail the electoral process already set afoot by the Election Programme announced on 15 December 2023.”
The Court said; “Applying the scale of proportionality, to us the constitutional importance of holding of General Elections in a constitutional democracy as per the Election Programme far outweighs the need for re-examining the delimitation of a constituency at this critical electoral juncture. Any intervention by us in revisiting the contours of delimitation of a constituency done by the ECP at this stage will open floodgates of similar litigation, resulting in choking the election process.”
The judgment said proceeding with this case at this stage when the electoral clock has started ticking, would undermine democracy and adversely affect the fundamental right to vote and form a political government of millions of voters and political workers countrywide.
The importance of elections in a democracy and the fulfillment of the larger objective of holding a timely election should be given due consideration to ensure that the Court remains within its democratic remit, which in the present case necessitates organizing and conducting of free, fair and timely elections by the ECP.
Copyright Business Recorder, 2023
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