Law:

Section:

Azad Jammu and Kashmir Legislative Assembly (Elections) Ordinance, 1970--- ----S. 43---Election petition---Re-counting of votes---Scope---Election Tribunal appointed local commissioner and directed him to submit report after re-counting of votes as to how much of them were correct and how many of those were liable to be rejected---Validity---Election Tribunal had power to make orders for opening of the packets of counterfoils and certificates or inspection of any counted ballot papers---No vote should be disclosed until it had been held by the Election Tribunal to be invalid---Only the Election Tribunal could declare a vote as invalid---Inquiry officer or Election Commission had no power to declare that a vote was invalid---Election Tribunal could only summon the relevant record and examine the corresponding official witnesses after leading initial evidence by the petitioner unless said Tribunal was acting suo motu in the midst of election petition---No illegality was pointed out in the impugned passed by the High Court---Election Tribunal was directed by the Supreme Court to decide the election petition within a specified period---Appeal was dismissed in circumstances. Muhammad Asim Kurd alias Gailoo v. Nawabzada Mir Lashkari Khan Raisani and 11 others 1998 SCMR 1597; Sardar Abdul Hafeez Khan v. Sardar Muhammad Tahir Khan Loni and 13 others 1999 SCMR 284; Mustafeezuddin v. Arshad Mahfooz and 18 others 2004 CLC 687; Malik Nausher Khan Langerial v. Khalid Mahmood Chohan and others 2004 CLC 1249; 2004 CLC 1360 and 2007 MLD 746 ref. JUDGMENT MOHAMMAD AZAM KHAN, C.J.--- The above titled appeal by leave of the Court arises out of the judgment of the High Court dated 31st October, 2013, whereby writ petitions; one, filed by the appellant herein, and the other filed by respondent No.2 have been accepted with a direction to the Election Tribunal to pass fresh order after hearing both the parties in the light of rule of law laid down in Sardar Abdul Hafeez Khan's case (1999 SCMR 284). 2. Precise facts for disposal of this appeal are that the appellant and respondent No.2 contested the General Elections for the Legislative Assembly of the Azad Jammu and Kashmir from…

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