Law:

Section:

The petitioners were candidates for the offices of Chairman and Vice Chairman, respectively, for Union Council No.61, Basal, Tehsil Jand, District Attock, in the elections conducted on 19.11.2015, in second phase of the Local Governments elections in Province of Punjab, and they were allocated symbol of "Tiger", whereas, respondents No.3 and 4, as one set for the same seats, were candidates and contested the same election under the election symbol of "Bicycle"; the third set of candidates consisted upon respondents No.5 and 6 and they contested the election under the election symbol of "Bucket". 2. In view of the Ballot Paper Account for Polling Station No.2 i.e. Government Girls Elementary School, Bhatiot, prepared by the Presiding Officer, in total, 1200 ballot papers were received at the polling station from serial No.1401 to 2600 and out of said ballot papers, a total number of ballot papers, which were taken out of the ballot box or boxes and were counted as '806'; the total number of tendered ballot papers were '02', the spoilt and cancelled were '04', as such total number of ballot papers under above three items came to '812'. After receipt of the result from different Polling Stations, the petitioners were shown to have obtained 3694 votes, whereas, respondents No.3 and 4 were shown to have obtained 3692 votes. The Polling Station, in question, is Polling Station No.2 i.e. Government Girls Elementary School, Bhatiot (Female) and Presiding Officer of the same Polling Station, by virtue of Form-XI, prepared and handed over the statement of the account, showing 444 votes obtained by the petitioners, 285 by respondents No. 3 and 4 and 33 by respondents No.5 and 6. In the same Form, total number of votes (including challenged votes), polled in favour of all contesting candidates were shown as 762, whereas, total out of doubtful votes excluded from the count (including the doubtful challenged votes), were shown as 44, total number of which came to 806. During the night between 19/20.11.2015, the Returning Officer was approached by the candidates, asking for recounting of the votes and, therefore, on acceding to such request, recounting was ordered to be…

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