Law:

Section:

(a) Punjab Local Government Act (XVIII of 2013)--- --------Sections 38 & 44---Punjab Local Government (Conduct of Elections) Rules, 2013, Rr.36, 46 & 62---Election for local government---Recounting of votes after consolidation of result---Scope---Single Judge of High Court had set aside the consolidation of result directing the Returning Officer to recount the valid ballot papers and thereafter consolidate the result in accordance with law---Validity---Decision on application for recount of votes would be subject to consolidation of result---Once result was consolidated the Returning Officer should have waited for declaration of result in the official gazette---Any procedural impropriety could be challenged before the Election Tribunal---Impugned order of Single Judge of High Court was set aside by Division Bench in intra-court appeal. Multiline Associate v. Ardeshir Cowasjee and others 1995 SCMR 362; Vice Chancellor/Chairman Admission Board University of Health Science, Lahore v. Breeha Zainab and another 2011 MLD 1652; Muhammad Riaz v. Province of Punjab and others 2014 CLC 817; Syed Nayyar Hussain Bukhari v. District Returning Officer, NA-49, Islamabad and others PLD 2008 SC 487 and Mst. Karim Bibi and others v. Hussain Bakhsh and another PLD 1984 SC 344 ref. (b) Punjab Local Government (Conduct of Elections) Rules, 2013--- --------R. 78(b)---Constitution of Pakistan, Arts.140-A & 218(3)---Review of order by the Election Commission---Scope---Power to review an order under R.78 (b) of Punjab Local Government (Conduct of Elections) Rules, 2013 was executive function of Election Commission to reorganize and conduct local government election so as to ensure that they were being carried out honestly, justly, fairly and in accordance with law. Batha Ram v. Lala Mehar Bheel and another 1995 SCMR 684 and Dr. Raja Aamer Zaman v. Omar Ayub Khan and another 2015 SCMR 1303 rel. THIS JUDGMENT DELIVERED BY: AYESHA A. MALIK, JUSTICE:------------------ Through this judgment, we have decided upon the matters raised in ICA Nos.1692 and 1689 of 2015 as both the ICAs arise out of a consolidated order of the learned Single Judge dated 26.11.2015 passed in WP…

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