Mazhar Abbas

IN THE LAHORE HIGH COURT, BENCH MULTAN, MULTAN

W.P/ No. ______________/2001

Malik Mazhar Abbas S/o Malik Allah Wasaya, caste Wighamal, R/o Mouza Wighamal Tehsil Kehror Pacca, District Lodhran. Petitioner VERSUS 1. The State. 2. Commissioner, Multan Division, Multan. 3. Shah Muhammad S/o Peer Bux, caste Bhatti, R/o Mouza Nau Qabil Wah, Tehsil Kehror Pacca, District Lodhran. 4. Sajjad Raza Khan Advocate S/o Karam Ali Khan, caste Joya R/o Cheely Wahan, Tehsil Kehror Pacca, District Lodhran. 5. Haq Nawaz S/o Khan Muhammad Khan, caste Joya, R/o Belawagha, Tehsil Kehror Pacca, District Lodhran. Respondents

Writ Petition under Article 199 Constitution of the Islamic Republic of Pakistan 1973.

Respectfully Sheweth: 1. That the names and addresses of the parties are given correct for the purpose of summons and citations.

2. That the petitioner is a valid voter and a resident of Mouza “WIGHA MAL” falling with in the jurisdiction of union council “Tibbi Waddan”. The petitioner is a willing candidate for the Punjab Local Government Election 2001. 3. That prior to 1998 Union Council namely “TIBBI WADDAN” was consisted upon three Patwar circles namely “QADIR PUR”, “MOCHI WAGHA”, and “MOCHI WALA”. In 1998 under the political influence it was reconstituted and named as Union Council “ISMAIL PUR”. No body took care for the equalization of population, compactness of the halqa and Patwar circles. Many mouzas were excluded and many were included. However no body could resist and also was not ready to face the political victimization. Maps showing the position prior to 1998 and position of 1998 are Annexures “A” & “ B”. 4. That at the time of delimitation for election 2001 the original shape of union council “TIBBI WADDAN” was restored. However Mouza “QADIR PUR DHAKKO” was included instead of Mouza “SEEKER”. The voters of the union council were very happy and the population was also balanced, compactness of halqa and Patwar circles were kept in mind. Map showing the position after delimitation and Population Index are Annexures “C” & “D”. 5. That the respondents No. 3 to 5 filed some appeals/petitions regarding the constitution of Union Council “NAU QABIL WAH”, “CHEELY WAN”, and “MASSA KOTHA”. But the Respondent No. 2 while deciding these petitions detached some mouzas from union council “TIBBI WADDAN” and attached these mouzas to union councils “NAU QABIL WAH”, ‘CHEELY WAH” and “MASSA KOTHA”. Copy of order of respondent No.2 dated 18.1.2001, map showing the position after implementation of order of respondent No. 2 and population index are Annexures “E” ,“F” & ”G”. 6. That the order dated 18.1.2001 passed by Respondent No. 2 is impugned inter alia on the following: -

G R O U N D S i)

That the impugned order is against natural justice and law of equity.

ii)

That the impugned order is against the rules and law specially framed and enacted for the delimitation of Halqas/Wards.

iii)

That the impugned order is passed without application of mind because the union council “TIBBI WADDAN” was not subject matter of any petition filed by the Respondents No. 3 to 5.

iv)

That the Respondent No.2 while deciding the petitions of Respondents No. 3 to 5 did not take care for the Patwar

circles,

union

councils,

census

block,

equalization of population or compactness. v)

That the impugned order caused a great miscarriage of justice to the petitioner.

7. That the petitioner is left with no other alternate, adequate, efficacious, or speedy remedy except to invoke the constitutional jurisdiction of this Hon’ble court.

It is therefore respectfully prayed that this constitutional petition may please be accepted and the Respondent No.2 may pleas be directed to restore

the

halqa/union

council

“TIBBI

WADDAN” as constituted by the delimitation officer/ Deputy Commissioner or the position of this halqa may please be restored as prior to year 1998. Any other order, direction, writ or relief which this Hon’ble court deems fit may please be issued in the interest of justice.

Humble Petitioner, Dated: _________

Through: Hamad Afzal Bajwa, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959

Sheikh Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

W.P. No.____________/2001 Malik Mazhar Abbas

Vs.

The State etc.

INDEX S. NAME OF DOCUMENTS No. 1 Urgent Form

ANNEXES

2

Stamp Paper worth Rs. 500/-

3

Writ Petition.

4

Affidavit

5

7

Copies of Maps showing position prior to 1998 and 1998. Copy of Map showing the position after delimitation and Population Index. Copy of order.

8

Copy of map.

F

9

Copy of Population Index.

G

10

Dispensation Application.

11

Affidavit.

12

Vakalatnama

6

PAGES

A&B C&D E

PETITIONER, Dated: ____________ Through: Hamad Afzal Bajwa, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959

Sheikh Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

In re: C.M. No. _____________/2001 In W.P. No.____________/2001 Malik Mazhar Abbas

Vs.

The State etc.

APPLICATION FOR DISPENSING WITH THE FILING OF CERTIFIED COPIES OF ANNEXURES. ========================================== Respectfully Sheweth:That certified copies of Annexures “

” are

not available. However, uncertified/photo state copies of the same have been annexed with the petition, which are true copies of original documents. It is, therefore, respectfully prayed that this Hon’ble court may please dispense with the filing of aforesaid copies of documents. APPLICANT, Dated: __________

Through: Hamad Afzal Bajwa, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959

Sheikh Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

In re: C.M. No. _____________/2001 In W.P. No.____________/2001 Malik Mazhar Abbas

Vs.

The State etc.

DISPENSATION APPLICATION. AFFIDAVIT of: Malik Mazhar Abbas S/o Malik Allah Wasaya, caste Wighamal, R/o Mouza Wighamal Tehsil Kehror Pacca, District Lodhran.

I, the above named deponent do hereby solemnly affirm and declare that the contents of the above-titled application are true and correct to the best of my knowledge and belief and nothing has been kept concealed thereto. DEPONENT

Verification: Verified on oath at Multan, this _____ day of February 2001 that the contents of this affidavit are true & correct to the best of my knowledge and belief. DEPONENT IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

W.P. No. ______________/2001

Malik Mazhar Abbas

Vs.

The State etc.

AFFIDAVIT of: Malik Mazhar Abbas S/o Malik Allah Wasaya, caste Wighamal, R/o Mouza Wighamal Tehsil Kehror Pacca, District Lodhran.

I, the above named deponent do hereby solemnly affirm and declare that the contents of the above-titled petition are true and correct to the best of my knowledge and belief and nothing has been kept concealed thereto. DEPONENT

Verification: Verified on oath at Multan, this _____ day of February 2001 that the contents of this affidavit are true & correct to the best of my knowledge and belief. DEPONENT