Law:

Section:

(a) Representation of the People Act (LXXXV of 1976)--- ---Ss. 83 (b), 68 (d), 38 (9) 69 & 52---Election petition---Election for the seat of Member of Provincial Assembly---Illegal practice---Presiding Officer, bias of---Effect---Election Tribunal, powers of---Scope---Contention of petitioner was that votes of returned candidate were increased by the Presiding Officer---Validity---Presiding Officer had not mentioned the name of petitioner in the statement of count and she was ignorant of the fact as to who had contested the election from the specific constituency---Said statement of count did not provide the details with regard to contesting candidates and votes polled by them which was doubtful---Presiding Officer was bound to prepare statement of count showing therein the numbers of valid votes polled by each contesting candidate and ballot papers excluded from the count---Unexplained discrepancies with regard to correctness, overwriting and miscalculation in counting were on record---Petitioner had proved that he obtained 94 votes but not 8 votes from specific polling station---Returned candidate had committed an act of illegal practice on account of obtaining illegal assistance of Presiding Officer to further his election as a candidate---Election Tribunal had powers to declare the election of returned candidate to be void if it was satisfied that a corrupt or illegal practice had been committed by the said candidate or his election agent or by any other person with connivance of the candidate or his election agent---Connivance between the Presiding Officer and returned candidate was on record---Election of returned candidate was declared as void and petitioner being the runner up in the same election was declared as returned candidate---Election petition was accepted in circumstances. Syed Wajihul Hassan v. Mohammed Khalid Alam 2010 PLC(C.S.) 1308 rel. (b) Representation of the People Act (LXXXV of 1976)--- ----S. 83 (b)---"Illegal practice"---Meaning---Person would be guilty of illegal practice if he had obtained or procured or attempted to procure the assistance of any person in the service of Pakistan to further or hinder the election of a…

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