| Citation(s) |
|---|
| 2018 SLG 2661 2018 SLD 2661 2018 CLC 1966 |
Lahore High Court
I.C.As. Nos. 228061, 228220, 228390 and 228382 of 2018, decision Dated: 08-08-2018
SHAMS MEHMOOD MIRZA, JUSTICE CH. MUSHTAQ AHMAD, JUSTICE
Petitioner(s) by: Muhammad Sohail Dar, Raja Jehanzeb Akhtar (in I.C.A. No. 228390 of 2018), Aman Ullah Ranjha (in I.C.A. No. 228382 of 2018), Shahzad Shaukat (in I.C.A. No. 228220 of 2018)
Respondent(s) by: Ramzan Chaudhry and Mian Tariq Hussain, Ch. Uma
I.C.As. Nos. 228061, 228220, 228390 and 228382 of 2018, decision Dated: 08-08-2018
SHAMS MEHMOOD MIRZA, JUSTICE CH. MUSHTAQ AHMAD, JUSTICE
Petitioner(s) by: Muhammad Sohail Dar, Raja Jehanzeb Akhtar (in I.C.A. No. 228390 of 2018), Aman Ullah Ranjha (in I.C.A. No. 228382 of 2018), Shahzad Shaukat (in I.C.A. No. 228220 of 2018)
Respondent(s) by: Ramzan Chaudhry and Mian Tariq Hussain, Ch. Uma
SONIA RAZA
VS
ELECTION COMMISSION OF PAKISTAN AND OTHERS
Law: Elections Act, 2017
Section: 4,5,8,8(b),9,10,90,95(5)
Law: Law Reforms Ordinance, 1972
Section: 3(2)
(a) Elections Act (XXXIII of 2017)--- ----Ss. 4, 5, 8, 9, 10, 90 & 95(5)---Recounting of ballot papers---Requirements---Single Judge of High Court under Constitutional jurisdiction directed the Returning Officer to hold recounting of ballot papers---Validity---Section 8(b) of Elections Act, 2017 conferred wide powers on the Election Commission to review any order passed by an 'officer' under Elections Act, 2017 or Rules framed thereunder---Orders visualized by the text of S.8(b) of Elections Act, 2017 would also include an order for rejection of ballot paper which was sole prerogative of Returning Officer---Returning Officer was not required to order recounting of ballot papers of all the polling stations of a constituency rather the losing candidate was bound to pinpoint specific polling stations where recounting of ballot papers was required---Returning Officer while passing order on an application of a defeated candidate which was mandatory for putting into motion the process for recounting of votes, had to apply his mind---Process for recounting of ballot papers was neither mechanical nor automatic rather it could only be triggered by an application of a contesting candidate when the margin of victory was less than five percent of the total votes polled or ten thousand votes whichever was less---Such application was to be made before the commencement of consolidation proceedings---Election Commission had been conferred the power to review the order passed by the Returning Officer under S. 95(5) of Elections Act, 2017---Intra-court appeal was not maintainable, in view of remedy of review available with the Election Commission. Muhammad Mamoon Tarar v. Election Commission of Pakistan and others 2016 CLC 1708 Per incuriam. (b) Elections Act (XXXIII of 2017)--- ----S. 8 (b)---Law Reforms Ordinance (XII of 1972), S. 3 (2), proviso---Recounting of ballot papers---Remedy of review before Election Commission---Intra-court appeal---Maintainability---Remedy of review before Election Commission was available---Intra-court appeal was not maintainable in circumstances. Kareem Bibi v. Hussain Bakhsh PLD 1984 SC 344 rel. (c) Elections Act (XXXIII of 2017)--- ----S. 8…
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