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

Section: 26(6),35(4)(c)

Law: Punjab Local Government Act, 2013

Section: 55,56,57(e),57(g)

(a) Punjab Local Governments (Conduct of Elections) Rules, 2013-- ----Rr. 26(6) & 35(4)(c)---Punjab Local Government Act (XVIII of 2013), Ss.55, 56, 57(e) & 57(g)---Chairman and Vice-Chairman of Municipal Committee, election of---Ballot paper shown by voter to a polling agent---Secrecy of electoral process, infringement of---Respondents in their election petition had been able to prove that the act of the voter was in breach of secrecy of his vote---Entire act had been brought forth without any contradiction in the evidence of respondent's witnesses---Voter in question was not forthcoming with regard to the entire episode and his deposition was an amalgam of contradictions which could not be reconciled---Another eye-witness to the entire incident was the Presiding Officer who was less than truthful in his evidence---Presiding Officer contradicted himself by stating a different version in his cross-examination from the one which was brought forth in his report submitted in court---Despite clear evidence that the Presiding Officer had to rebuke the voter into folding his ballot paper, the Presiding Officer did not think it important enough to discard his ballot paper---Returning Officer admitted while appearing as a witness that he did not conduct any inquiry with regard to the incident although an application was promptly made to him, and he believed in toto the inquiry held by the Presiding Officer as well as the report made by him---Returning Officer had blatantly breached his duties by relying on the report of the Presiding Officer, since said report was biased and ought not to have been relied upon---Clearly, the officials were not aware of their duties under the law and in particular the duties cast by S.57(e) and (g) of the Punjab Local Government Act, 2013---Election Tribunal had rightly excluded the vote in question from the total count and declared respondents as Chairman and Vice-Chairman of Municipal Committee---Appeal was dismissed accordingly. (b) Punjab Local Governments (Conduct of Elections) Rules, 2013--- ----Rr. 35(4)(c)(ii) & 36(2)---Chairman and Vice-Chairman of Municipal Committee, election of---Ballot paper containing an…

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