Law: Punjab Local Governments (Delimitation) Rules, 2013

Section: R.36(2)

Law: Constitution of Pakistan, 1973

Section: 199

(a) Punjab Local Government (Conduct of Elections) Rules, 2013-- ----R. 36(2)----Election for local government---Re-counting/verification of rejected votes by the Returning Officer---Candidate submitted application for re-counting/verification of rejected votes which was accepted by the Returning Officer---Validity---Returning Officer had no power to review/recall his own order whereby he had accepted application for re-counting/examination of rejected votes---Returning Officer should scrutinize the rejected votes if there was any objection by either party upon counting of rejected votes and if he found that such votes should not have been rejected then he should count them in favour of the candidate in whose favour those had been polled---If there was any illegality or error on the part of public servant with the affairs of the State then writ of mandamus could be issued to the concerned officer---Returning Officer was directed to re-count/examine the rejected votes and then declare the consolidated results---Consolidated results were set aside---Constitutional petition was disposed of in circumstances. Muhammad Anwar v. The Deputy Commissioner Delimitation Officer, Faisalabad and 2 othes 1985 MLD 1154 and Muhammad Aslam Abro v. Sardar Muhammad Muqeem Khosa and others 2013 SCMR 1676 rel. (b) Constitution of Pakistan-- ----Art. 199---Constitutional jurisdiction of High Court---Scope---Election dispute---Appointment of Election Tribunal---Mere appointment of Election Tribunal would neither curtail nor bar the jurisdiction of High Court when matter was already under adjudication before it. (c) Constitution of Pakistan--- ----Art. 199---Writ of mandamus, issuance of---Scope---If there was any illegality or error on the part of public servant with the affairs of the State, writ of mandamus could be issued to the concerned officer. Muhammad Aslam Abro v. Sardar Muhammad Muqeem Khosa and others 2013 SCMR 1676 rel. THIS JUDGMENT DELIVERED BY: ATIR MAHMOOD, JUSTICE:---.---- This single judgment will dispose of W.P.s Nos.17949/2015 and 17933/2015 simultaneously as common questions of law and fact are involved therein. 2. The cause of action as given in this writ…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492