Law:

Section:

(a) East Pakistan Union Councils and Town and Union Com mittees (Election of Chairman) Rules, 1965, r. 12-Ballot-papers Appellate authority competent to consider defects in ballot-papers ---Votes, however, being valuable property cannot be rejected with out affording opportunity to refute allegation of defect-Principle of natural justice. One of the ballot papers counted in favour of the petitioner was alleged to have had two cross marks. No objection in this respect, however, had been raised by any one at the time of counting or thereafter. The Additional Commissioner as appel late authority under rule 12 rejected that vote without affording the petitioner an opportunity to refute the allegation. It was held that votes being valuable properties acquired as a result of election cannot be taken away without giving the person affected reasonable opportunity to explain and defend. Appellate authority in such circumstances, held, had acted against the principle of natural justice. University of Dacca and another v. Zakir Ahmad P L D 1965 S C 90 and Errington and others v. Minister of Health 1935 K B D 249 rel. (b) East Pakistan Union Councils and Town and Union Com mittees (Election of Chairman) Rules, 1965, rr. 10 & 12-Election dispute-Appeal-Appeal before Commissioner while dispute pend ing with Collector-Not permissible. Date of hearing: 31st January 1968.   JUDGMENT ABDUL HAKIM, J.----In this application the petitioner has challenged the order dated 21-4-1966 of the Additional Com missioner, Khulna passed in Appeal No. 178 of 1965 under rule 12 of the East Pakistan Union Councils and Town and Union Committees (Election of Chairman) Rules, 1965 (herein after called the said Rules). The Rule was issued calling upon the respondents to show cause why the respondent No. 2 should not be directed to re-hear and dispose of the appeal in accordance with law. The facts relevant for disposal of the Rule, in short, are that the election of the Chairman of Halidhani Union Council, P. S. Jhenaidah, District Jessore took place on 25-8-1965. The petitioner Nurul Haque Joarder and the respondent No. 5 Md. Rustam Ali were the two contestants in the said election All the…