Law:

Section:

Azad Jammu and Kashmir Legislative Assembly (Elections) Ordinance, 1970---.--- ---.---Ss. 24-A, 35 & 92---.---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.44---.---Writ petition---.---Cancellation of result of election of whole constituency---.---Powers of Chief Election Commissioner---.---Scope---.---Where serious violation of law or Statutory Rules was established or interference by group of miscreants or supporters of losing candidate on one or two polling stations was alleged; cancellation of election of the whole constituency was not permitted, but where from the available record the result of election was not determinable; then cancellation of result of election of the whole constituency was justified---.---In the present case polling bags of65 Polling Stations furnished to the Returning Officer, ;though were received, but same were destroyed before completion of the -result, allegedly by the voters/supporters of contesting candidate; result of 89 Polling Stations had not been received by the Returning Officers and it was not known with whom those Polling bags were lying; parties had registered cases against each other; Returning Officer as well as the local SDM had also registered cases for the disturbance and causing damages to the public property against the petitioner as well as contesting candidates and it could not be said that atmosphere at the Poling Stations concerned was peaceful---.---Effect---.---Chief Election Commissioner under provisions of S.24-A of Azad Jammu and Kashmir Legislative Assembly (Election) Ordinance, 1970, enjoyed vast powers for conducting election justly, honestly and fairly---.---Such power of the Chief Election Commissioner was not subject to any condition and could be exercised on its own motion---.---Chief Election Commissioner, in circumstances, had rightly cancelled result of election of the whole constituency---.---Order passed by the Chief Election Commissioner was maintained and writ petition was dismissed by High Court. THIS JUDGMENT DELIVERED BY: GHULAM MUSTAFA MUGHAL, CHIEF JUSTICE:---.--- The above captioned petition is directed under section 44 of the Azad Jammu and Kashmir Interim…

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