t

The
Learned Secretary,
Election Commission of Pakistan,
Islamabad.

REPRESE NTATI ON UNDER RULE 11.

12 OF ELECTIONS RULES 2017 R/W
SECTION 20 OF THE ELECTIONS ACT ALONG WITH ALL OTTHER
PROVISIONS OF LAW ON THE SUB]ECT AGAINST THE DELIMITATION OF
THE CONSNTUENCIES No.PP-112 AND PP-113

1t.; j i'.-'l

Sr# Descrlption of documents Annexure Page

1 Representation along with affidavi t 1-9 I

2 Proposed Map of PP-113 duly marked as required ..

A" 10

3 Proposed Map of PP-ll2 duly marked as required ..Brt 11

4 Copy of the detail of charges in PP- I 12 & PP- I 13 ..c" 12

Faisalabad
I

5 Copy of the delimitation of ccnsti rI!liaics in earlier ..D" 13

elections
6 Copies of vote certificate ..E t 14

7 Copy of Map of District Faisalabad. ..Frt 15- 16

8 Power of Attorney f Wakalatnama t7

4?oho1
APPLICANT

SARD N KHOSA
Sr. Advocate
preme Court of Pakistan
I
SARDA AHBAZ AtI KHAN KHOSA
Advocate
Supreme Court of Pakistan
''1t';tr'3.r
Stg{t S A .b;; ttt tiS S OQJ 05 tS
House No.5-B/ I , Street No.2 I , Sector F-8/2, Islamabad
 o

The

Learned Secretary,
Election Commission of Pakistan,
Islamabad.

REPRESENTATION UNDER RULE 11, 12 OF ELECTIONS RULES 2017

R/W SECTION 20 OF THE ELECTIONS ACT ALONG WITH ALL OTHER
PROVISIONS OF LAW ON THE SUBJECT AGAINST THE
DELIMITATION OF THE CONSTITUENCIES No.PP-112 AND PP-113

Respectfully Sheweth:

1 That brief facts leading to the filing of instant representation are

that the petitioner is resident of the aforementioned address
forming part of PP-l13 comprising of charge No.33, 34, 35, 36,
37,46 & 53.It may be submitted here that PP-113 is an old
constituency existing since long and has its own historical as well
as geographical prospective. Similarly, another distinguishable
constituency i.e PP-112 is situated on the other side of main
sattiana road which is about 200 Feet wide bisecting/ bifurcating
both the constituencies from each other. It seems relevant to
mention here that PP-112 Faisalabad-XVI was comprising of charge
No.23, 27,28, 29, 30,31&32 and the same charges were part of
both the constituencies aforesaid during the electoral process

held back in year 2018.

2. That it may also be submitted here that due to the reasons best
known to the respondents without evencalling any objection
from the residents of the area without determining the historical
as well as geographical perspectives of the area and even
without considering the hardships and convenience of the
residents an impugned order was passed whereby charge No.31
was inducted in PP-113 Faisalabad-XVll while removing the
 @

same from PP-L72 Faisalabad-XVl Surprisingly enough the

charge No.30&32 are forming part of PP-LLZ but the intervening
charge No.31 was included in PP-113 which has not only
disturbed both the constituencies but also has divided and
disturbed the territorial jurisdictions of administrative units which is
in glaring violation of Section 20 of the Elections Ac-., 20t7.

3 That during current exercise of delimitation of constituencies, the

petitioner has come to know that Charge No.31 has been
malafidely included in boundaries of PP-113 which is on the
opposite side of sattiana road.

4. That historically charge No.31 has been included in PP-112 along

with charge No.27,28,29,30,32 keeping in mind compactness of
constituency, however, this charge of excluding charge No.31 from
PP112 on one side of the Sattiana Road and including the same
within the opposite side of Sattiana Road in PP-113 is not only
malafide but also illegal and against the principles of law on
subject.

5 That even otherwise PP-112 is situated in Madina Town on one

side of Sattian road and PP-1113 is situated at Iqbal Town on the
other side of Satian Road by inclusion of Charge No.31 in P.Pl13,
the physical territories and population of Madina Town and Iqbal
Town also stand to divided.

6. That the petitioner seeks removal of Charge No,31 for territorial

boundaries of PPP-113 back into boundaries of PP-112 on the
following grounds:-

GROUNDS:
 @

A. That during 2018 Elections the charge No.27,28,29,30,31&32 were

included in PP-112 on the basis of homogeneity of population and the
principle of compactness being on one side of the road Faisalabad
which is 200 Feet wide road.

B. That now the exclusion of charge No.31 from PP-ltz into territorial
boundaries of PP-113 on opposite side of Sattiana Road is malafide of
exercise and is clearly a violation of principles of compactness but also
against the convenlence of people of locality who are separated by
each other by a 200 Feet Road in between.

C. That geographical compactness the fundamental principle of

delimitation of constituencies which is a mandate of Election

Commission to be exercised keeping in mind the homogeneity of area

and public convenience.

D. That aforesaid delimitation being in violation of above said

delimitation merit to set aside.

E. That PP-LL2 is situated in Madina Town on one side and whereas

PP113 is situated at Iqbal town on the other side of Satiana
Road.That inclusion of charge No.31 from one side of Sattiana Road
into constituency of PP113 on the other side of Sattiana Road is not
only against geographical compactness of population but is also in
breach of existing boundaries of administrative units defined within
the area.

F. That public convenience is administrative distribution of population on

the basis of homogeneity whlch is the fundamental principle to be
kept in mind when delimitation is being carried out, however, the
same principles have ruthlessly been violated as both constituencies
)
 @

stand historically divided on two opposite side of road which is 200

Feet wide road.

G. That the population target of PP-113 is already achieved even with

of charge No.31 within the territories of PP-113 and the
exclusion
same has only been done so that the balance of homogeneity of
population can be disturbed. The same being in violation of law and
need to be set aside as is evident from map attached herewith. It can

be clearly seen that charge No.31 has been imported into PP-113

from a distance which is against the mandate of section 20 of the

Elections Act,20L7

H. That if Election Commission feel need to add to population of PP-113

of the same could have been done without disturbing administrative
boundaries of area and in this regard the population units on same
side of PP-113 ought to have been added if so required. Had this
been done it would have been accordingly to the principles of
compactness and same would not be violation of any administrative
units in accordance with principles of convenience of population.

I. That it is of pivotal consideration that proposed map of PP-113

comprises of about more than 328000 voters which is square with the
voters of PP-96 Chiniot Faisalabad, hence, is within the threshold of
required voters in the constituency.

J. That the people of the constituency PP-113 are governed and

controlled by the Police Station Batala Colony situated at one side of
the main Sattiana Road whereas the people of charge No.31 situated
on the other side of main Sattiana Road came under the ambit and
jurisdiction of another police station peoples colony, thus, the very
delimitation of the constituency in arraying/including charge No.31 in
PP-113 is not only erroneous but also in violation of Section 20 of the
Act ibid.
I
 e
\<-/

K. That the delimitation has not been carried out after notifying the
peoples/ voters of the area which amounts to condemned the people
unheard.

L. That the people of charge No.31, and the rest of constituency PP-113

are hailing from different political backgrounds and pafties which

would result into bloodshed and breach of peace, thus on this
touchstone as well the inclusion of charge No,31 in PP-113

unwarranted under the law.

M.That subsection 1 of Section 20 of the Elections Act,2017 expressly

gives a direction for delimitation and physical features, existing
boundaries and facillties of communication for public convenience, the
vital aspects to be considered while holding the delimitation of any
constituency, however, the same has not been kept in mind while
including charge No.31 in the array of PP-113.

N. That another important aspect of the matter that the charge No.31
never formed a part of PP-113 in previous elections has also made an
escape from the consideration.

O. That even the people hailing from PP-112 have also raised their voices
agalnst the inclusion of charge No.31 in PP-113 which needs to be

addressed and redressed accordingly.

P. That the entire exercise by the delimitation committee has not been
carried out in accordance with the provisions of the law on the
subject.

Q. That the principles of uniformity of the population, territorial unity and

the convenience of the public at large has also not been kept in mind
while carrying out the delimitation process.

R. That a grave miscarriage of justice has been occasioned to the

petitioner and other residents of both the constituencies.
,t
 @

S. That for convenience of commission, this representation is being filed

along with the requisite copies of the representation, marked
proposal/map as required under the rules.

It is therefore most humbly prayed that instant representation

may very kindly be accepted and the charge No.31 may kindly be
excluded from PP-113 and be included back in PP-IL2 in line with the
law on the subject in the interest of justice.
Thhicant
Rahat Khan s/o Liaqat Ali

R/o Jhal Khanwana House No.P-415,

Gali No.2, Mohalla Jelani Pura, Faisalabad.
CNIC No.33 102-7 2395L5-9
Through

SARD KHAN KHOSA

Sr. Advocate
\ Supreme Court of Pal<istan

MUHAMMAD AMIR MALIK AtrKHosA

Advocate
Supreme Court of Pakistan
M'^HBAZ
Supreme Court of Pakistan

SYED OD HASSAN GILLANI GHU URTAZA MALIK

A ate High Court edvocf'
SU KHATTAC US AKIR ABBASI
Adv ate Adv e

Jtsut sa taw
as s oeI q.5 €.s
House No.5-B/1, Street No.2 l, Sector F-8/2, Islamabad
 ,)

'Ihe

Leamed Secretary,
Election Commission oI Pakistan,
Islamabad.

REPRESENTATION UNDER RULE II. 12 OF E L ECTIONS RULES 2OI7 R/W

SECTION 20 OF THE ELECTIONS ACT ALON CW IT FI ALL OTTHER PROVISIONS
OF LAW ON TFIE SUBJECT AGAINST THE DELIMITATION OF THE
CONSTITUENCIES No.PP-l l2 AND PP-l l3

AFFIDAVI'I'

I, Rahat Khan s/o Liaqat Ali , R/o Jhal Khanwana Flouse No.P-415, Gali No.2, Mohalla
Jelani Pura. Faisatabad.CNlC No.33 102-72395 I 5-9. do hereby solemnly affirm and declare
on oath as under:-

l. That brief facts leading to the filing ofinstant representation are that the deponent is
resident of the aforementioned address forming part of PP-ll3 comprising of
charge No.33, 34,35,36, 37,46 & 53.1t may be submitted here that PP-l l3 is an
old constituency existing since long and has its own historical as well as
geographical prospective. Similarly, another distinguishable constituency i.e PP- l l2
is situated on the otlrer side of main sattiana road which is about 200 Feet wide
bisecting/ bifurcating both the constituencies from each other. It seems relevant to
mention lrere that PP-l l2 Faisalabad-XVl was comprising o[charge No.23, 27,28,
29. 30,31&32 and the same charges were part of both the constituencies aloresaid
during the electoral process held back in year 2018.

2, That it may also be submitted here that due to the reasons best known to the
respondents without even calling any objection lrom the residents of the area
without determining the historical as well as geographical perspectives of the
area and even without considering the hardships and convenience of the
residents an impugned order was passed whereby charge No.3l was inducted in
PP-l l3 Faisalabad-XVll while removing the same from PP-l l2 Faisalabad-XVl.
Surprisingly enough the charge No.30&32 are forming part of PP-I 12 but the
intervening charge No.3l was included in PP-ll3 which has not only disturbed
both the constituencies but also has divided and disturbed the territorial
jurisdictions of administrative units which is in glaring violation of Section 20 of
the Elections Act. 201 7.

3. That during current exercise of delimitation of constituencies, the deponent has

come to know that Charge No.3l has been malafidely included in boundaries ofPP-
I I 3 which is on the opposite side of sattiana road.

4. That historically charge No.3l has been included in PP-l 12 along rvith charge
No.27,28,29,30,32 keeping in rnind conrpactness of constituency, however, this
charge ofexcluding charge No.3l from PPl l2 on one side ofthe Sattiana Road and
including the same within the opposite side ol Sattiana Road in PP- l l3 is not only
rnalatide but also illegal and against the principles of law on subject.

5. That even otherwise PP-ll2 is situated in Madina Town on one side of Sattian road
and PP- l I I 3 is situated at Iqbal Town on the other side of Satian Road by inclusion
I
 t?)
\-,./
I

of Charge No.3 I in P.P I 13, the physical territories and population of Madina Town
and Iqbal Town also stand to divided.

6, That the deponent seeks removal of Charge No.3 I lor territorial boundaries of PPP-
I l3 back into boundaries ofPP-l l2 on the following grounds:-

CROUNDS:

A. That during 2018 Elections the charge No.27.28,29,30,31&32 were included in PP-
I l2 on the basis of homogeneity of population and the principle of compactness
being on one side ofthe road Faisalabad which is 200 Feet wide road.

B. That norv the exclusior.r ofcharge No.3l from PP-l l2 into territorial boundaries of
PP-l l3 on opposite side of Sattiana Road is rnalafide of exercise and is clearly a
violation of principles of compactness but also against the convenience of people ol
locality who are separated by each other by a 200 Feet Road in between.

C, That geographical compactness the fundamental principle of delimitation of

constituencies which is a mandate of Election Commission to be exercised keeping
in mind the homogeneity ofarea and public convenience.

D. That aforesaid delimitation being in violation of above said delimitation merit to set
aside.

E. That PP-l l2 is situated in Madina Town on one side and whereas PPI l3 is situated
at lqbal town on the other side of Saliana Road.That inclusion ol charge No.3 I lrom
one side of Sattiana Road into constituency of PPI l3 on the other side ol Sattiana
Road is not only against geographical compactness of population but is also in
breach ofexisting boundaries of administrative units defined within the area.

F, That public convenience is administrative distribution of population on the basis of

homogeneity which is the fundamental principle to be kept in mind when
delimitation is being carried out, however, the same principles have ruthlessly been
violated as both constituencies stand historically divided on two opposite side of
road which is 200 Feet wide road.

G, That the population target of PP-ll3 is already aclrieved even with exclusion of
charge No.3l within the territories ol PP-l l3 and the same lras only been done so
that the balance of homogeneity of population can be disturbed. The same being in
violation of law and need to be set aside as is evident from map attached herewith.
It can be clearly seen that charge No.3l has been inrported into PP-l13 from a
distance which is against the mandate of section 20 ofthe Elections Act,2017

H. That if Election Commission feel need to add to population of PP-l l3 of the same
could have been done without disturbing administrative boundaries of area and in
this regard the population units on same side of PP- I I 3 ought to have been added if
so required. Had this been done it would have been accordingly to the principles of
compactness and same would not be violation of any administrative units in
accordance with principles of convenience of population.

I. That it is of pivotal consideration that proposed map of PP- I I 3 comprises of about

more than 328000 voters which is square with the voters of PP-96 Chiniot
Faisalabad, hence, is within the threshold ofrequired voters in the constituency.
{
 \'l
f
J. That the people of the constituency PP-ll3 are govemed and controlled by the
Police Station Batala Colony situated at one side of the main Sattiana Road whereas
the people of charge No.3l situated on the other side of main Sattiana Road came
under the ambit and jurisdiction ol another police station peoples colony, thus, the
very delimitation oflthe constituency in arraying/including charge No.3l in PP-l l3
is not only eroneous but also in violation of Section 20 of the Act ibid.

K. That the delimitation has not been carried out after notifying the peoples/ voters of
the area wllich amounts to condemned the people unheard.

L. That the people ol charge No.3l. and the rest of constituency PP-ll3 are hailing
from different political backgrounds and parties which would result into bloodshed
and breach of peace, thus on this touchstone as well the inclusion of charge No.3l
in PP- I I 3 unwarranted under the law.

M. That subsection I of Section 20 of the Elections Act. 2017 expressly gives a

direction lor delimitation and physical features, existing boundaries and facilities of
communication for public convenience, the vital aspects to be considered while
holding the delimitation of any constituency, however, the same has not been kepl
in mind while including charge No.3l in the array of PP-l13.

N. That another important aspect of the matter that the charge No.3l never formed a
part of PP-l13 in previous elections has also made an escape from the
consideration.

O, That even the people hailing from PP-l l2 have also raised their voices against the
inclusion of charge No.3l in PP-l 13 which needs to be addressed and redressed
accordingly.

P. That the entire exercise by the delimitation committee has not been carried out in
accordance with the provisions ofthe law on the sublect.

Q. That the principles of uniformity of the population. territorial unity and the
convenience of the public at large has also not been kept in mind while carrying out
the delimitation process.

R. That a grave miscarriage ofjustice has been occasioned to the deponent and olher
residents of both the constituencies.

S, That for convenience of commission. this representation is being filed along with
the requisite copies of the representation. marked proposal/map as required under
the rules.

Whatever stated above is true and correct to the best of my knorvledge and
beliefand nothing has been concealed therefrom.

Qth''f
DEPONEN'I'