Law:

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Punjab Local Government (Conduct of Election) Rules, 2013 --.-- --.-- Rr. 36(5) & 78 --.-- Punjab Local Government Act, 2013, Ss. 38, 39 & 41 --.-- Constitution of Pakistan, 1973, Art. 199 --.-- Constitutional petition --.-- Election of Local Government --.-- Application before election commission for recalling election results in union council was accepted --.-- Power to recount votes --.-- Denotified --.-- Question of --.-- Whether election commission could set aside notified result of election after calling for recount of votes, based on application moved by losing candidate --.-- Jurisdiction --.-- Election tribunal can declare election to be void on grounds given in Section 42 to 44 of Act --.-- Therefore, power of declaring any election of any returned candidate to be void and power of declaring any other contesting candidate to have been duly elected vests solely with election tribunal and not with ECP --.-- Hence if name of returned candidate is published in official gazette, an election petition has to be filed under Section 38 of Act r/w Rule 62 of Rules, 2013 before election tribunal and ECP cannot denotify any candidate on account of fact that there is a dispute on counting of votes --.-- Grounds for declaring election of returned candidate as void are provided for in Sections 41, 42, 43 and 44 of Act which grounds must be invoked by Election Tribunal and Section 44 of Act specifically deals with issues where provisions of Act or Rules have not been followed --.-- ECP could not have interfered in matter as petitioners were declared winning candidate for U.C. Punjab Local Government Act, 2013 --.-- --.-- S. 46 --.-- Appeal --.-- Local Government election --.-- Recalling election results --.-- Denotified --.-- Power of --.-- An appeal against order of election tribunal lies before High Court under Section 46 of Act. JUDGMENT Mrs. Ayesha Malik, J. --.-- Through this writ petition, the petitioners have impugned order dated 13.12.2016 issued by Respondent No. 1, Election Commission of Pakistan, Islamabad ("ECP") along with notification dated 17.3.2016 declaring Respondents No. 5 and 6 to be the returned candidates as Chairman and Vice Chairman in…

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