Law: Punjab Local Government Ordinance (XIII of 2001)

Section: 152(2)

Law: Punjab Local Government Ordinance (XIII of 2001)

Section: 152(2)

Law: Representation of the People Act, 1976

Section: 39(3),55(1)(b),39(6),10(3),3,11,12,18,20 ,55(3),63(a)

Law: Punjab Local Government Election Rules 2005

Section: 65,66,67,68,69,70,72

(a) Representation of the People Act (LXXXV of 1976)--- ----S. 39(6)---Recounting of ballot papers---Principles---Petitioner assailed election on the ground that she was not satisfied with counting of ballot papers and Returning Officer did not recount the votes on her request---Validity---If petitioner wanted to have the entire votes recounted by Returning Officer, she should have satisfied with cogent reasons that her request was reasonable---Vague allegations not containing adequate statement of material facts could not be granted as a matter of right---Petitioner did not lead any evidence to establish that Presiding Officers had not counted the votes correctly or that double votes had been counted or even that valid votes of petitioner were rejected---Returning Officer had rightly declined to recount the votes in circumstances. (b) Interpretation of statutes--- ----Provisions entailing penal consequences---Filling of lacunae---Scope---Provisions of law which entail consequences are mandatory in nature and lacunae entailing penal consequences of such mandatory provisions cannot be allowed to be filled. (c) Representation of the People Act (LXXXV of 1976)--- ----Ss. 55(3) & 63(a)---Civil Procedure Code (V of 1908), O. VI, R.15---`Verification of election petition' and `pleadings'---Distinguished---Bifurcation of paragraphs, failure of---Election petition did not carry verification of petition with bifurcation of paragraphs as to which the petitioner verified on her own knowledge and which paragraphs she verified upon information received and believed to be true---Effect---No penal provision was prescribed under Civil Procedure Code, 1908, for non-compliance of O. VI, R.15, C.P.C. as such the same could be considered as directory in nature whereas non-compliance of provisions of S. 55(3) of Representation of the People Act, 1976, entailed penal consequences in terms of S. 63(a) of Representation of the People Act, 1976, hence the same were mandatory and must be fulfilled exactly---If a law required a particular thing to be done in a particular manner, it should have been done in the same manner, otherwise the command of Legislature was not…

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