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Writ Petition No. 4826 of 1979, decided on 18th September 1979.

S.17-Maxim: Audi alterarnpartem-Delimitation of constituencies- Nothing in S. 17 implying ouster of rule laid down in maxim-Authori ties, held, to hear parties which had been before Delimitation Officer particularly those adversely affected by order of Authority.- [Maxim].

Rob Nawaz Khan Niazi for Petitioner.

Ch. Muhammad Arif, A.-G. (Punjab) for Respondents.

At the instance of the petitioner, the Delimitation Officer, by order dated 29-8-1979, had taken out Wandi Eid Cah frorn Electoral Unit No. 7 and included it in Electoral Unit No.

1. Against this order, certain persons moved the Punjab Local Councils Election Authority which reversed the order on 6-9-1979. The petitioner has challenged this order of the Authority mainly on the ground that the same had been passed without affording an opportunity of hearing to him.

2. Under section 17 of the Punjab Local Government Ordinance, 1979, the Authority has the power to review an order passed by the Delimitation Officer. The question is whether the power could be exercised without giving an opportunity of hearing to the party at whose instance the order impugned before the Authority had been passed and which the Authority reverses in review.

3. According to the Punjab Local Councils (Elections) Rules, 1979, a preliminary list of Electoral Units is to be published by the Delimitation Officer I-or the purpose of inviting objections and suggestions within a pres cribed period. The Delimitation Officer is bound by law to consider the objec tions and suggestions so received and, "after hearing the parties" and conduct ing such enquiries as he may consider necessary, to record his decision there on. It is, therefore, clear that once the process of inviting objections and suggestions has been thrown open, a duty of bearing the parties making such objections or suggestions is enjoined by Jaw. The question is whether all order has been passed by the Delimitation party in whose favour Officer, is not entitled to a hearing by the Election Authority in exercise its power of review in respect of that order. The general principle is the rule audi alterm partem is to be read in every statute. There is nothing in section 17 of the Punjab Local Government Ordinance, 1979, to imply the ouster of that rule. The Authority should, therefore, have heard the parties which had been before the Delimitation Officer, particularly those amongst them who would be adversely affected by the order to be passed by the Authority. No insurmountable difficulty in following this rule has been brought to my notice by the learned Advocate-General.

4. In the circumstance, I declare the order of the Election Authority dated 6-9-1979, to be without lawful authority and of no legal effect,

5. No order as to costs.

M. A. K. Petition, accepted.

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