Law:

Section:

Punjab Local Government Act, 2013-- ----S. 46--Filing of nomination papers--Declaration of result--Returned candidates--Election petition--Accepted--Order of repolling--Application for re-counting of votes--Accepted--Appointment of local commission--Maintainability--Submission of report by local commission--No objection on report by both parties--Declaration of election void--Challenge to--Findings of Election Tribunal could not be entirely based on report of local commission particularly after framing of issues when case was fixed for evidence--Report of local commission might have added to reasons which may be given by presiding officer to reach his conclusion--It is not denied by parties that none of officials from Election Commission was summoned--It is not case of respondent that appellant have committed certain acts directly with narration of particular facts resulting into maneuving of votes--Appeal was allowed. THIS ORDER PASSED BY: ALI BAQAR NAJAFI, JUSTICE---.--- This election appeal under Section 46 of the Punjab Local Government Act, 2013 is directed against order dated 07.12.2016 passed by the Election Tribunal, Multan whereby the election petition filed by Respondents No. 1 and 2 was accepted and the election of the appellants was declared void and re-polling was ordered in U.C No. 76, Muzaffarabad, Multan. 2. Brief facts giving rise, to the filing of this appeal are that appellants being in the panel of chairman and Vice-Chairman jointly filed their nomination paper's for contesting the local bodies elections in U.C. No. 76 Muzaffarabad, Multan. Against the said seats, Respondents No. 1 and 2 also filed their nomination papers. After scrutiny of the nomination papers the elections were conducted and the appellants were declared as returned candidates. However, feeling aggrieved of the results, the said respondents filed an election petition before the Election Tribunal, Multan in which appellants appeared and contested, issues were framed and before recording of evidence Respondents No. 1 and 2 filed an application for re-counting of ballot papers and on 29.06.2016 the said application was accepted and Mr. Muhammad Siddique, ® District &…

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