Law: Punjab Local Government Act, 2013

Section: 37,38,39,41

Law: Constitution of Pakistan, 1973

Section: 140-A,218

Law: Punjab Local Government (Conduct of Elections) Rules, 2013

Section: 36,72,78

Punjab Local Government Act (XVIII of 2013)- ----Ss. 37, 38, 39 & 41---Punjab local Government (Conduct of Elections) Rules, 2013, Rr. 36, 62 & 78-Constitution of Pakistan, Arts. 140-A, & 218---Recounting of votes---Election Commission, powers of were returned candidates but Election Commission after recounting of votes declared respondents as returned candidates-Validity-Executive functions of Election Commission, under R.78 of Punjab Local Government (Conduct of Election) Rules, 2013 were prescribed to ensure that elections were carried out justly, fairly and in accordance with law as per mandate of Art.140-A read with Art.218 of the Constitution---Exercise of power under R.78 of the Punjab local Government (Conduct of Election) Rules, 2013 was to be exercised in relation to the conduct of elections and not to adjudicate on election disputes---Once election result was notified under S.37 of Punjab Local Government Act, 2013 any election dispute that had arisen thereafter was to be referred to Election Tribunal which included any dispute with respect to recount of votes---Election Commission could not have interfered in the matter as petitioners were declared winning candidates for Union Council in question and any dispute in relation to such victory had to be raised before Election Tribunal as that was remedy prescribed under law---Such act of Election Commission was without jurisdiction and illegal---High Court set aside order passed by Election Commission and notification declaring respondents to be returned candidates, consequently earlier notification was revived along with oath of office taken by petitioners---Constitutional petition was allowed under circumstances. Ch. Muhammad Abdullah v. Ch. Abdul Wakil and others PLD 1986 SC 487; Election Commission of Pakistan through its Secretary v. Javaid Hashmi and others PLD 1989 SC 396; Jam Madad Ali v. Asghar Ali Junejo and others 2016 SCMR 251; Muhammad Mamoon Tarar v. Election Commission of Pakistan and others 2016 CLC 1708; Workers' Party Pakistan through Akhtar Hussain, Advocate, General Secretary and 6 others v. Federation of Pakistan and 2 others PLD 2012 SC 681 and Aftab Shahban Mirani and…

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