Law:

Section:

K.P.K. Local Government Act, 2013-- ----Local Bodies Elections--Application for recounting of votes partially accepted--Secrecy of ballot inspection of counter foils--Absence of specific provision for recounting--Jurisdiction--Parameter for recounting--Question of--Whether under facts and circumstances of this case, there was sufficient material before tribunal to order recount--Challenge to--Consistent view of superior Courts of this country is that despite absence of specific provision empowering Tribunal to order recount, Tribunal has jurisdiction to order recount ballot papers in appropriate cases--We hold that there was sufficient material available before learned Tribunal at time of passing impugned order allowing recount only of votes cast at polling station, GGMS, Janglan combined--Therefore, impugned order of learned Tribunal is neither suffering from any legal infirmity nor are reasons that prevailed before Tribunal conflicting to parameter/guidelines set forth by superior Courts for ordering recount of ballet papers--Since an order for recounting touches upon secrecy of ballot, therefore, recounting should take scrupulously without detracting from secrecy of ballot, and finally it should never be ignored that inspection of counter foils should be resorted to only when same is required--Petition was dismissed. 2017 MLD 779, ref. THIS JUDGMENT DELIVERED BY: ARSHAD ALI, J.- Through the instant writ petition, the petitioner has called in question the order of Additional District Judge, Balakot Acting as Election Tribunal for District Mansehra (''Tribunal"). The learned Tribunal has partially accepted the application of Respondent No. 1, for recounting of votes and accordingly Returning Officer concerned was directed to produce entire election record including election bags, ballot papers, counter files before the Tribunal for the purpose or recounting and scrutiny of rejected votes. 2. Brief and relevant facts of the case are that the petitioner and two others namely Munir Hussain Shah, Respondent No. 1 and Malik Muhammad Shabaz Respondent No. 8 contested election for Tehsil Ward Parian. According to the official result petitioner was declared successful…

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