Law:

Section:

(a) Representation of the People Act (LXXXV of 1976)-------Ss. 67 & 52---Qanun-e-Shahadat (10 of 1984), Art. 164---Election petition---Election for the seat of Member of Provincial Assembly---Examination of thumb marks appended on counterfoils of the votes casted at polling station through National Data base and Registration Authority---Conditions---Election Tribunal, powers of---Scope---Modern devices---Evidentiary value---Contention of petitioner was that neither poll was held nor any election staff came at specified polling station and result was fabricated---Validity---Election Tribunal had the powers of civil court while determining the dispute with regard to rights and liabilities of the parties on the basis of their evidence---Election Tribunal did not function as a "court" nor was its action judicial---When Election Tribunal had to determine a dispute with regard to right or liability in the light of evidence of the parties, then it would act judicially and enjoy the status of the court---Inspection of ballot papers and counterfoils should be allowed sparingly and only when it was essential to determine the controversy between the parties---Controversy between the parties could be resolved by referring the counterfoils along with used photo voter's list and statements of count to the National Data base and Registration Authority to determine whether impersonation had been committed or not---Serious allegations with regard to rigging the election process had been alleged against the respondent---Courts were authorized to allow producing of evidence that might have become available due to modern devices and techniques in such cases as it might consider appropriate---Computer technology being a modern device was well within the ambit of Art.164 of Qanun-e-Shahadat, 1984---Report of National Data base and Registration Authority with regard to scanning of thumb marks could be produced as evidence---No harm or prejudice would be caused to either party rather it would be beneficial for all those who believed in fair and impartial election---Both the parties would be at liberty to file objections if any to the report of National Data base and Registration…

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