Law:

Section: R. 8 (4)

(a) Local Councils (Federal Capital) Assumption of Office and Election of Chairman Rules 1960,   'R. 8 (4) (b)--"Enquiry on spot" by Presiding Officer in case of "doubt or dispute about marking of ballot paper"-Marking on ballot paper patently ambiguous-No enquiry further than visual examination of marking necessary-"Enquiry" may mean "scrutiny"-Administrator's (Appellate authority's) order setting aside election on ground of failure to make such enquiry, held, "erroneous"-Order quashed ---Oral evidence to prove intention of voter-Not admissible ---Evidence Act (I of 1872), S. 92-Hari Vishnu v. Ahmad Ishaque A I R 1955 S C 233; Tariq Transport Co., Lahore v. Sargodha Bhera Bus Service P L D 1958 S C (Pak.) 437; Interpre tation of Documents by Sir Roland Burrows at page 14 and Evidence by M. Monir (4th Edition) at page 577 ref. Mukhta Singh v. Board of Revenue, U. P. A I R 1954 All. 454 considered and Baroness Wenlock v. The River Dee Co. (1887) 19 Q B D 155 not relevant.   (b) Estoppel---   Waiver----Election of Chairman of Union Committee set aside in appeal, and re-election held----First elected Chairman present at meeting for re-election, reciting Holy Quran at meeting and returning minutes book of committee meetings to Presiding Officer of meeting but taking no further part in re-elec tion=Acts of such Chairman constitute neither estoppel nor waiver---Imperial Oil, Soap and General Mills Co. Ltd. v. Wazir Singh 31 I C 595; Narayan Pershad v. State of Hyderabad A I R 1955 Hyd. 82 and Gangadhar v. Election Tribunal Vindhya Pradesh A I R 1954 Vindhya Pradesh 44 considered.      JUDGMENT   QADEERUDDIN AHMAD, J.---Manzoor Ahmad Haji has made this writ petition for getting quashed by a writ of certiorari the order of the Administrator, Karachi, dated the 25th of July 1960, by which he has declared as void the election in which the Petitioner was elected Chairman of Jamshed Quarter Union Committee No. 62; and has consequently ordered fresh election; as well as for getting quashed by the same writ the proceedings of the next election in which respondent No. 2, Mst.…