Law:

Section:

(a) Representation of the People Act (LXXXV of 1976)---.--- ---.----S.69---.---Constitution of Pakistan (1973), Arts.199 & 225---.---Constitutional petition---.---Election dispute---.---High Court, jurisdiction of---.---Alternate remedy---.---Petitioner assailed election result before High Court in exercise of its constitutional jurisdiction---.---Validity---.---Election Tribunal had the power to order re-poll on some of the polling stations of the constituency and re-counting of votes was also within its jurisdiction---.---Petitioner having alternate remedy of filing election petition, his constitutional petition was barred under Art.225 of the Constitution---.---Constitutional petition was dismissed in circumstances. (b) Representation of the People Act (LXXXV of 1976)---.--- ---.----Ss.38(9), 69, 70, 103, 103-AA & Form-XIV---.---Constitution of Pakistan (1973), Arts.199 & 225---.---Constitutional petition---.---Election dispute---.---Re-polling---.---Principle---.---Absence of signatures of agents on Form-XIV---.---Effect---.---Election Commission directed re-polling in two polling stations on the ground that election result was neither prepared on prescribed Form-XIV nor the Form bore signatures of the agents of candidates---.---Validity--In absence of any allegation levelled by any candidate and finding of Election Commission that handwritten Form-XIV did not depict correct result, the Commission could not have directed re-poll---.---In absence of finding that results had been tampered with, Election Commission could not have made the same basis for re-polling on the ground that Presiding Officer did not get signatures of candidates or their agents on Form-XIV---.---Neither S.103 nor 103-AA of Representation of the People Act, 1976, could have been invoked by Election Commission to direct re-polling at two polling stations---.---Order of Election Commission suffered from misinterpretation of the provisions of Representation of the People Act, 1976, and rules framed thereunder---.---High Court in exercise of Constitutional jurisdiction declared the order of re-poll passed by Election Commission without lawful authority having no legal…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492