Law: Civil Procedure Code (V of 1908)

Section: OrderVI,Rule11,12,14,15,16,Orderxix,Rule 3

Law: Representation of the People Act, 1976

Section: 54,55,63,63(a)

Law: Elections Act, 2017

Section: 142,143,144,144(4)

THIS JUDGMENT DELIVERED BY: CH. MUHAMMAD IQBAL, JUSTICE:---.--- Brief facts of this petition are that General Election was held on 25.07.2018 and as a result of the poll, respondent No. 1 Naseer Ahmad was elected as member of Provincial Assembly of Punjab (PP-163 Lahore-XX) and his notification as a returned candidate was issued on 07.08.2018 by the Election Commission of Pakistan. Petitioner who was a runner up candidate being dissatisfied from the election results challenged the notification of respondent No.1 through the instant election petition inter-alia on the grounds that Form 45 was illegible and numbers of the votes were illegally counted in favour of the returned candidates; that many irregularities were observed while recounting process by the duly nominated agents of the petitioner; that many double stamped votes were counted in favour of the respondent; that the polling agents of the petitioner were not given a fair access during the counting process; that the respondent being Ex-MPA of the constituency inserted influence on the voter on the date of election; that narrow margin of only 2028 votes is occasioned in the counting process and if the petitioner's votes are fairly counted the result would be altogether different; that many ballots of the petitioner malafidely placed in the bundle of the respondents votes; that the entire process of recounting tabulation and consolidation of the result was maneuvered one. The petitioner finally prayed that election of respondent No.1/returned candidate may be declared void and fresh re-counting of the vote may kindly be ordered to be conducted. Hence, the present petition. In response to the notice of this Court, respondent No.1 joined the proceedings on 09.10.2018, whereas the other respondents defaulted in appearing and they were proceeded against ex-parte on 09.10.2018. Respondent No.1 Naseer Ahmad filed contesting reply to the Election Petition raising preliminary objections as well as on merit inter-alia on the grounds that no verification of Election Petition was made according to Section 144(4) of the Election Act as well as according to order 6 Rule 15 CPC; that Affidavit of the petitioner does…

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