Law: Sindh Local Government Act, ( XLII of 2013)

Section: 40(2),44,46,60(2),71,138

Law: Constitution of Pakistan, 1973

Section: 140A,219(d),222

Law: Representation of the People Act, 1976

Section: 103AA

Law: Sindh Local Councils Elections Rules, 2015

Section: R.29,29(1)(2),39,39(1),39(5)(a)(b),40,60

(a) Interpretation of statutes--- ----Rules made under statute---Status---Principle---Rules have status of subordinate and delegated legislation, deriving authority and legal cover from provisions of statute under which they were framed---Rules have same force as provisions of statute under which they are framed and have to be treated as part of parent Act. Khawaja Ahmad Hassaan v. Government of Punjab and others 2005 SCMR 186 and Ubedullah Khan v. Muhammad Ayoob 2003 YLR 1555 rel. (b) Sindh Local Government Act (XLII of 2013)--- ----Ss. 44, 46, 71 & 138---Sindh Local Councils (Election) Rules, 2015, Rr. 29, 39, 40 & 60---Re-polling---Petitioner was returned candidate who was aggrieved of recount of votes on 2 polling stations authorized by Returning Officer---Order of Returning Officer was maintained by Election Commission of Pakistan---Validity---Consolidation of results had not taken place and name of returned candidate was not published in official gazette---Question of taking dispute to Election Tribunal by filing election petition had not arisen---Petitioner had acquiesced to recount of votes and participated in process without any demur or reservation and there was no objection on part of petitioner to recount of votes---Recount of votes at polling stations in question produced result which was not in conformity or consistent with result of polls in such polling stations contained in Forms-XI---Such disparity created doubt in mind of Returning Officer as to legality of process of election at polling stations in question therefore, he requested Election Commission of Pakistan to conduct a re-poll---Election Commission of Pakistan was justified in ordering a re-poll at polling stations in question since dispute could not have been agitated before Election Tribunal through an election petition because consolidation of results had not taken place and name of returned candidate was not published in official gazette---High Court declined to interfere in exercise of Constitutional jurisdiction in re-poll at polling stations in question---Appeal was dismissed in circumstances. Chaudhary Wajid Ayub and another v. Malik Rizwan Ahmed and others Election…

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