Law: Representation of the People Act, 1976

Section: 39 (6) , 103-AA , 108 (b)

  Representation of the People Act (LXXXV of 1976)--- ----Ss. 39 (6), 103, 103-AA & 108 (b)---Constitution of Pakistan (1973), Arts. 218 (3) & 219 (b)---Qanun-e-Shahadat (10 of 1984), Art. 129 (e)---Statement of number of votes secured by petitioner prepared by Presiding Officer and sent by Returning Officer duly countersigned by him---Presumption was that official acts had been regularly performed---Such statement of votes, however, had not been rebutted by petitioner in any manner. Representation of the People Act (LXXXV of 1976)--- . ----Ss. 39 (6), 103, 103-AA & 108 (b)---Election petition before Chief Election Commissioner---Allegation of completely blocking and cutting off approaches to specified polling stations---Validity---Inspection Team appointed by Chief Election Commissioner had visited such polling stations and made statement showing time of their visit and votes cast at that time---Comparison of such report with the number of votes cast at the end of polling prepared by Presiding Officer and countersigned by Returning Officer, showed no disparity and no inflation of votes---Such controversy, however, being factual could not be resolved in summary proceedings---No illegality patent on the face of the record could thus, be presumed. Representation of the People Act (LXXXV of 1976)---- ----Ss. 39 (6), 103, 103-AA & 108 (b)---Low turn out of voting---Effect---Low turn out of voting, ipso facto, would not prove petitioner's allegation that certain polling stations were completely sealed off by police and voters were driven away---Inspection team wherein representative of petitioner was also included did not mention sealing and blocking of those polling stations mentioned in petitioner's Election Petition---Polling agent of petitioner also did not complain that voters were being driven away or prevented from voting-- Low turn out of voting would not establish that grave illegality was committed. Representation of the People Act (LXXXV of 1976)---   ----Ss. 39 (6), 103, 103-AA & 108---Constitution of Pakistan (1973), Arts. 218 (3) & 219 (b)---Election petition before Chief Election Commissioner alleging illegal…