Law:

Section:

 ' West Pakistan Basic Democracies Election Rules, 1959. rr. 60 and ,61 (c)-To be read together-Candidate other than elected candidate can only be declared elected if by process of addition or .striking off of votes, the other candidate obtains a larger number of votes. Sub-rule (c) of rule 61 of the Wesf Pakistan Basic Democracies Election Rules, 1959 should be read along with rule 60 of the Rules. A defeated candidate, therefore, .can only be declared elected if it is found by addition of votes to the account of an unsuccessful candidate or the striking off of the votes in favour of the successful candidate that the unsuccessful candidate had in the result obtained larger number of votes than the successful, candidate. [p. 495JA  JUDGMENT   S. A. MAHMOOD, J.-Two members had to be elected from Ward No. 9, Rajar, to the Union Council Serai Alamgir, 'lahsil Kharian, District Gujrat, Muhammad Akbar petitioner, Muhammad Akram respondent No. 1 and his brother Muhammad Ashraf contested the election. Muhammad Ashraf obtained 317 votes out of which 41 were declared invalid. Muhammad Akbar petitioner obtained 226 votes of which three were declared invalid and Muhammad Akram obtained 206 votes, of which one was declared invalid. Thus Muhammad Ashraf, who obtained 270 valid votes, and Muhammad Akbar petitioner, who obtained 223 valid votes, were declared elected to the two seats. Muhammad Akram, who was defeated, filed an election petition against the election of Muhammad Akbar petitioner and made the following allegations :(1) That twelve persons, .namely, Muhammad Zaman, Muhammad Shabbir, Muhammad Rafiq, Muhammad Yusuf, Muhammad Hanif, Akhtar Ali, Mst. Aisha Khatun, Mst. Bilqis Begum, Mst. Rahmat Bi, Mst. Raqia Begum, Vst.' Sairan Bi and Mst. Sardar Begurn had neither obtained ballot-papers nor had cast their votes, but some other persons had obtained their ballot-papers and cast their votes for Muhammad Akbar at his instance and with his connivance or that of his authorised agents. (para. 3 of the petition.) That Muhammad Sadiq, Nur Muhammad, Muhammad Sharif, Mst. Razia Begum, Mst. Iqbal Begum, Mst. Hamida ' and Mst. Fateh Begum having…