Law:

Section:

Punjab Local Government Elections Rules, 2005--- ----R. 65---Constitution of Pakistan (1973), Art.199---Constitutional petition---Recounting of votes---Election Tribunal ordered recounting of votes mainly for the reason that total votes cast for the other seats at the common polling stations was different from the total votes cast in election for the seat of Nazim/Naib Nazim of the Union Council---Consideration was that variation in the total of votes reflected a material irregularity which Election Tribunal ought to examine through a recount of votes cast---Allegations made in election petition on basis of which recounting was ordered by Election Tribunal, were vague and sweeping in nature without specific mention of any illegal acts that could invite an order of recount---In absence of any material before Election Tribunal to justify recount of votes, impugned order passed by Election Tribunal in election petition, was declared to be illegal and void---Election petition should be decided on merits in accordance with law after recording evidence of parties. Kanwar Ijaz Ali v. Irshad Ali and 2 others PLD 1986 SC 483 and Muhammad Naeem Kasi and another v. Abdul Latif and 7 others 2005 SCMR 1699 ref. ORDER UMAR ATA BANDIAL, J.---The premise upon which the impugned order by the learned Election Tribunal proceeds is that total votes cast for the other seats at the common polling stations is different from the total votes cast in the election for the seat of Nazim/Naib Nazim of the Union Council. The consideration is that variation in the total of votes reflects a material irregularity which the learned Tribunal ought to examine through a recount of votes cast. 2. Learned counsel for the petitioner/incumbent submits that the learned Election Tribunal has no grounds for concluding that in the case of Nazim's election the total is wrong but in the case of the election held for other seats in the same polling stations it is correct. The impugned order can be given effect only if entire election for the other seats as well as for the Nazim's seats is revisited. But neither the tenor of the impugned order nor purport the election petition suggests that result. He submits…

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