Law:

Section:

(a) Representation of the People Act (LXXXV of 1976).......... .......... Section 70(b)..........Ground for declaring election as a whole void..........Allegation of corrupt and illegal practices..........'Voting pattern' and 'voter turnout' in disputed and undisputed polling stations not phenomenally different..........Principle laid down in the case of Khalid Hussain Magsi v. Mir Abdul Rahim Rind (2016 SCMR 900) would not apply in such circumstances to nullify the entire election result. In the present case, there were 21899 registered votes in the disputed 25 polling stations and a total of 11570 votes were cast in these polling stations. The turnout at 25 disputed polling stations was 53% as against the turnout of 55% on the rest of the undisputed 48 polling stations. Thus it was apparent that on both the sets of polling stations no phenomenal difference in the polling pattern or the voters' turnout was noticeable. If the voting pattern and the turnout of voters, on 25 disputed polling stations was compared with the voting pattern and the turnout on rest of the 48 polling stations, nothing phenomenal was noticeable to hold prevalence of corrupt practices so as to nullify the entire election result. Appeal was dismissed accordingly. Khalid Hussain Magsi v. Mir Abdul Rahim Rind 2016 SCMR 900 distinguished. (b) Representation of the People Act (LXXXV of 1976).......... .......... Section 70(b)..........Ground for declaring election as a whole void..........Votes from disputed polling stations sent to National Database and Registration Authority (NADRA) for counterfoil verification report..........Report showing unauthenticated / invalid / duplicate / bogus votes..........Such votes should not be deducted from the tally of returned candidate's vote count as a principle without any substantial evidence available on record. Deducting disputed votes mentioned in NADRA's counterfoil verification report from the tally of the votes cast in favour of returned candidate would mean laying down a principle that all disputed votes on a certain set of polling stations should be deducted from the vote-count of such candidate who had secured the highest number of votes in…

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