Case Details

Citation(s)
2016 SLG 1179 2016 SLD 1179 2016 CLC 1280
Lahore High Court
W.P. No. 35635 of 2015, decided on 24th November, 2015.
MUHAMMAD FARRUKH IRFAN KHAN, J
Umair Khan Niazi for Petitioner. Ch. Ishtiaq Ahmad Khan for
Respondent No. 5. Muzammal Akhtar Shabbir, Deputy Attorney General for Pakistan along with Ali Akhtar Khan, Law Officer for Election Commission and Muhammad Sohail Anwar Khan, R.O.

MUHAMMAD YASEEN..........

VS

ELECTION COMMISSION and others......---Respondents

Law:

Section:

(a) Punjab Local Government (Conduct of Elections) Rules, 2013.......... ..........-R. 36(5)..........Recounting of votes..........Consolidation of results..........Scope..........In view of R.36(5) of Local Government (Conduct of Elections) Rules, 2013, application had to be made in writing by any of contesting candidates..........Application filed by petitioner in that respect did not bear any signature of the recipient and it was not known as to whether it was filed prior to consolidation..........Held, that High Court, under its constitutional jurisdiction, was not in a position to pass any observation because it might affect the cause of any of the party before appropriate forum..........Prima facie, it appeared that there was no such application before Returning Officer at the appropriate time, however, there seemed to be no appropriate procedure that Election Commission of Pakistan had adopted in order to receive and acknowledge any application filed by contesting candidates in relation to conduct of elections on the election day and in relation to subsequent events of tabulation and consolidation of results..........High Court observed that Election Commission of Pakistan would issue directions to all Returning Officers to ensure implementation of requirements of Local Government (Conduct of Elections) Rules, 2013 in letter and spirit and to implement a protocol for the receiving and disposal of applications by Returning Officers and District Returning Officers where they were required to do so..........Constitutional petition was dismissed accordingly. (b) Punjab Local Government (Conduct of Elections) Rules, 2013.......... ..........-R. 36(2)..........Consolidation of results..........Examining of ballot papers..........Scope..........Contention of petitioner was that Returning Officer did not perform the duties cast upon him under R. 36(2) of Local Government (Conduct of Elections) Rules, 2013..........Respondent's plea was that omission in such regard related to 33 discarded votes and if said votes stood proved valid in favour of the petitioner, even then it would not affect the final result..........High Court observed that Election Commission of…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

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