Law:

Section:

(a) Sindh Local Council Rules, 2015--- ----Rr. 54, 61, 62 & 64---Civil Procedure Code (V of 1908), S. 12(2)---Consent order---Recounting of votes---Appellant was notified as returned candidate after elections---Respondent assailed the elections and during proceedings before Election Tribunal, recounting of votes was done with consent of parties, which resulted into acceptance of election petition---Validity---Without approaching Trial Court in event of any fraud or mistake regarding consent decree, no appeal or revision could be entertained against a consent order of Election Tribunal and such consent order was not appealable---Consent regarding recounting of votes in a particular polling station was given which was not against substantive law---Appellant could not be allowed to use some technicalities as a tool of refuge from such consent given on his behalf before Election Tribunal by his counsel in his presence---Only way of getting rid of such consent order was to get another order from another Court either by invoking S. 12(2), C.P.C., or under agreement of parties otherwise the same must be acted upon---Appeal was dismissed in circumstances. Naeem Hussain Chattha v. Tawakkalullah and another 1997 CLC 192; Malik Umar Aslam v. Sumaira Malik and another PLD 2007 SC 362; Zia-ur-Rehman v. Syed Ahmed Hussain and others 2014 SCMR 1015; Inayatullah v. Syed Khursheed Ahmed Shah and others 2014 SCMR 1477; Lt. Col. (Rtd.) Ghazanfar Abbas Shah v. Mehar Khalid Mehmood Sargana and others 2015 SCMR 1585 and Ashootosh Chandra v. Tara Prasanna Roy 1884 ILR 10 Cal 612 ref. Malik Umar Aslam v. Mrs. Sumaira Malik and others 2014 SCMR 45 and Amjad Arif v. Muhammad Ashraf Shagufta and another PLD 1996 Lah. 711 rel. (b) Consent--- ----Scope---Consent decree or order has in it the element of both a command and a contract---Obligation to act upon such order/decree becomes indispensible legally and morally. Charles Hubest Kinch v. Edward Keith Walcott and others AIR 1929 Privy Council 289 rel. THIS JUDGMENT DELIVERED BY: FAHIM AHMED SIDDIQUI, JUSTICE:---.--- The appellant has challenged the verdict of the learned Election Tribunal (Additional District Judge, Kamber-Shahdadkot)…

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