Law:

Section:

Representation of the People Act (LXXXV of 1976)--- ----S.103---Constitution of Pakistan, Art.199---Constitutional petition---Recounting of rejected votes---Election Commission directed the District Returning Officer to recount the rejected votes---Validity---Total rejected votes at nine polling stations were 257 votes---Looking at the lead which had turned the table by de-seating the respondent and declaring the petitioner as returned candidate i.e. 233, vis-a-vis the total of 490 votes rejected in 21 constituencies was a matter of grave concern---Application of respondent containing such serious concern should not have been brushed aside so casually---Application before the Returning Officer should not have been rejected on the ground that Polling Agent should have reported to the Presiding Officer---Order of Election Commission on factual plane was upheld---Where one of the Commission Members had exercised the delegated power of Election Commission, it would represent the entire Commission and its decision would amount to the decision of the Election Commission---Election Commission had power to direct recounting or to review an order of the Returning Officer directing recounting of rejected votes---Constitutional petition was dismissed, in circumstances. Imran Khan and others v. Election Commission of Pakistan and others 2012 SCMR 448; Bartha Ram v. Lala Mehar Lal Bheel and another 1995 SCMR 684; Dr. Sohrab Ahmed Khan Sarki v. Mir Hassan Khoso and others 2011 SCMR 1084; Ghulam Muhammad Mustafa Khar v. Election Commission of Pakistan PLD 1977 Lah. 1437; Aftab Shahban Mirani and others v. Muhammad Ibrahim and others PLD 2008 SC 779 and Dr. Imran Khattak and another v. Ms. Sofia Waqar Khattak and others 2014 SCMR 122 ref. JUDGMENT SAJJAD ALI SHAH, J.--- The petitioner through instant petition has impugned Order dated 20.06.2014 passed by the Election Commission of Pakistan whereby the Commission while exercising its power under Section 103(b) of the Representation of the People Act, 1976 (hereinafter referred to as "Act 1976") directed the District Returning Officer to recount the rejected votes of seven polling stations to ensure that the rejection of the…

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