Law:

Section:

Sindh Local Government Election Rules, 2005-- ----Rr. 30(6)(ii)--Constitution of Pakistan, 1973, Art. 185(3)--Valid ballot paper--Determination--Whether a ballot paper containing double stamp marking with the official rubber stamp would be considered to be a valid ballot paper--Held: Voting procedure u/Rule 30(6)(ii) provides that voter on receiving ballot paper shall put rubber stamp on the ballot paper at place containing the symbol of contesting candidate of his choice--It costs a duty on a voter to put the official rubber between the spaces containing the symbol of the candidate of his choice and there is no provision for putting the official rubber stamp twice--Rule 35 would be applicable when the ballot paper is marked in accordance with Rule 30(6)(ii)--Ballot paper in question which bore double stamp mark of official rubber stamp--In deciding whether double stamping of the ballot paper was an innocent and inadvertent act of voter or was done with an intention to disclose his identity reference will have to be made to the status, education and intellectual faculties etc., of the voter--All the voters who were required to cast their votes for electing Nazim--Requirement is that person should be Matriculate--A person who is matriculation would mark the ballot paper then in accordance with law very strong presumption can be had that it was done to disclose his identity thus violating the sanctity of secret ballot--High Court and Election Tribunal were justified in declaring ballot paper bearing double stamping of official rubber stamp as invalid ballot paper--Leave refused. [Pp. 126 & 128] A & B 1981 CLC 1332; 1987 CLC 708 and PLD 1986 SC 178 rel. Order Saiyed Saeed Ashhad, J.--This petition for leave to appeal assails the judgment dated 11.5.2006 in CP No. D-239/2006. 2. The facts in brief are that petitioner and Respondent No. 1 along with others contested Election for the office of Taluka Nazim, Taluka Bhiria, District Naushero Feroz. Election was held on 6.10.2005. Petitioner secured 63 out of total 128 votes while Respondent No. 1 secured 62 and, as such, petitioner was declared as Taluka Nazim. Notification to this effect was issued by Election…

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