Law: Pakistan Legal Practitioners and Bar Councils Rules, 1976

Section: 3(c)(i),5(1)(h),61

Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.7

Law: Constitution of Pakistan, 1973

Section: 199

(a) Pakistan Legal Practitioners and Bar Councils Rules, 1976--- ----Rr. 5(1)(h) & 61---Objection to election---Locus standi---Objection petition within meaning of Rr. 5(1)(h) and 61 of Pakistan Legal Practitioners and Bar Councils Rules, 1976 was a remedy available only to a candidate at election. (b) Constitution of Pakistan--- ----Art. 199---Civil Procedure Code (V of 1908), O. VII, R. 7---Constitutional petition---Relief, grant of---Scope---Provisions of Civil Procedure Code, 1908 are applicable when High Court is hearing a Constitutional petition---High Court, while deciding a Constitutional petition, was empowered to grant an effective or ancillary relief even if not prayed for. Haji Ibrahim v. S. Rehmatullah (Represented by Legal Heirs)" 1985 SCMR 241; Samar Gul v. Central Government and others PLD 1986 SC 35; Javaid Iqbal v. Abdul Aziz and another PLD 2006 SC 66 and Syed Phool Badshah and others v. ADBP through Manager, Peshawar Branch and others 2012 SCMR 1688 rel. (c) Pakistan Legal Practitioners and Bar Councils Rules, 1976--- ----Rr. 3(c)(i), 5(1)(h) & 61---Constitution of Pakistan, Art. 199---Constitutional petition---Conduct of Elections---Objection petition---Maintainability---Petitioners were returned candidates who were aggrieved of orders passed on objection petition filed by voters whereby Election Tribunal declared results of elections annulled and directed recount of votes---Validity---No aggrieved person was made competent to file objection petition calling in question validity of election of a candidate---No objection petition was available in the scheme of law on the subject providing remedy to voters in election to ask for inclusion of their votes in final count, which for any reason were not included by election staff in final count---Objection petition filed under R. 5(1)(h) read with R. 61 of Legal Practitioners and Bar Councils Rules, 1976 by voters asking for inclusion of their votes/ballots in final count was not competent and not maintainable---High Court declared objection petition as incompetent and not maintainable and set aside order passed by Election Tribunal---Constitutional petition was allowed in circumstances.…

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