| Citation(s) |
|---|
| 2016 SLG 954 2016 SLD 954 2016 CLC 671 |
Lahore High Court
W.Ps. Nos. 36004 and 36384 of 2015, decided on 26th November, 2015.
SHAHID KARIM, J
Muhammad Ahsan Bhoon for Petitioner (in W.P. No. 36004 of 2015). Azam Nazeer Tarar for Petitioners (in W.P. No. 36384 of 2015). Mian Irfan Akram, Deputy Attorney General along with Hafiz Adeel Ashraf Law Officer and Allah Ditta, Returning Officer for Re
W.Ps. Nos. 36004 and 36384 of 2015, decided on 26th November, 2015.
SHAHID KARIM, J
Muhammad Ahsan Bhoon for Petitioner (in W.P. No. 36004 of 2015). Azam Nazeer Tarar for Petitioners (in W.P. No. 36384 of 2015). Mian Irfan Akram, Deputy Attorney General along with Hafiz Adeel Ashraf Law Officer and Allah Ditta, Returning Officer for Re
MUHAMMAD MAMOON TARAR and anothers
VS
DISTRICT RETURNING OFFICER, HAFIZABAD and 6 others
Law:
Section:
(a) Punjab Local Government (Conduct of Elections) Rules, 2013--- ----R. 36(2) & Form XIII---Consolidation of result---Ballot papers excluded from counting---Returning Officer, duty of---Irrespective of any candidate attending process of consolidation, R.36(2) of Punjab Local Government (Conduct of Elections) Rules, 2013, requires Returning Officer to examine ballot papers excluded from the count by presiding officers---Such is mandatory to be done before consolidating results of count---Conditions enumerated in R.36 of Punjab Local Government (Conduct of Elections) Rules, 2013, have to be carried out and must be complied with in order to lend credence and legality to the result consolidated and submitted in Form XIII---If Returning Officer fails to follow the procedure substantially, the process of consolidation becomes ultra vires and High Court has to interfere to declare it non est. (b) Punjab Local Government (Conduct of Elections) Rules, 2013--- ----R. 36(2)(5) & Form XIII---Recount of valid ballot papers---Procedure---Parties contested Local Bodies elections and petitioner was aggrieved of the order made by Returning Officer directing recount of valid ballot papers---Validity---Recount of valid ballot papers could only be set in motion by an application filed by contesting candidate---Two processes in R.36 of Punjab Local Government (Conduct of Elections) Rules, 2013, entailed different forms of examination to take place---In the first, Returning Officer examined ballot papers excluded from count and in the second, (recount of votes) Returning Officer was to merely recount valid ballot papers---High Court set aside purported consolidation of results by Returning Officer for failure to adhere to twin conditions contemplated by R.36 of Punjab Local Government (Conduct of Elections) Rules, 2013---Returning Officer did not give notice under R.36(1) of Punjab Local Government (Conduct of Elections) Rules, 2013, and also omitted to examine ballot papers excluded from the count by Presiding Officers---Returning Officer did not decide application for recount under R.36(5) of Punjab Local Government (Conduct of Elections) Rules, 2013, prior to…
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