Law:

Section:

(a) Punjab Local Government (Conduct of Elections) Rules, 2013--- ----Rr. 38, 62 & 53---Recounting of votes---Loss of ballot papers---Effect---Recounting of votes were ordered by the Returning Officer and as a result of such recounting votes of a polling station were reduced and some votes were found missing---Validity---Conduct adopted by the election staff did not show that free, fair and just election was conducted in their supervision---Neither there was any discipline maintained during polling time at polling station nor the polling staff was careful while preparing the final result---No trust could be attached with such counts---Nothing was on record as to where the missing ballot papers had gone---Election which was to be challenged before the Election Tribunal by way of an election petition was only the declaration notified by means of notification---Such stage was still to come as by now no such notification had ever been issued---High Court had every jurisdiction to redress the grievance of any party before the elections were notified and authorities were amenable to its constitutional jurisdiction with regard to their acts or proceedings performed or taken prior to issuance of notification of election---Election staff could not claim immunity from any challenge to their illegal or unauthorized acts before publication of election and an aggrieved person would be competent to invoke the constitutional jurisdiction of High Court---Acts and proceedings taken by the respondents were without lawful authority and of no legal effect---Proceedings carried out by the respondents in conduct of election of union council after recounting were of no legal effect and same were set aside---Such process should be taken afresh for which purpose Election Commission would issue a fresh schedule according to law---Constitutional petition was allowed in circumstances. (b) Constitution of Pakistan--- ----Art. 199(1)(a)(ii)---Punjab Local Government (Conduct of Elections) Rules, 2013, Rr. 38, 62 & 53--- Constitutional petition---Maintainability---Challenge to election proceedings---Scope. (c) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of…

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