Law: Representation of the People Act, 1976

Section: 39(6) , 103(b)

Representation of the People Act (LXXXV of 1976)-- ----Ss.39(6) & 103(b)---Constitution of Pakistan (1973), Art. 199---Election to Provincial Assembly---Application for recount of entire ballot papers cast in constituency---Returning Officer accepting such application ordered recount in terms of application---Validity---Application for recount was accepted on account of thin difference of votes between rival candidates and that most of valid votes had been excluded from count and invalid votes were included-- Order of recount passed by Returning Officer appeared to be within ambit of law and rules which empowered him to pass any such order---Under S.103(b) of Representation of the People Act, 1976 any order passed by any officer under the said Act, or Rules could be reviewed by Election Commission, petitioner, therefore, had remedy under the Act---No justification having been made out for interference with order of recount passed by Returning Officer in Constitutional jurisdiction, petition was dismissed. Ghulam Mustafa Jatoi v. Additional District and Sessions Judge/Returning Officer and others 1994 SCMR 1299 and Election Commission of Pakistan through Secretary v. Javaid Hashmi and others PLD 1989 SC 396 ref. Qazi Muhammad Anwar for Petitioner. Jehanzeb Rahim, Barrister for Respondent No.4. ORDER   Through this petition the petitioner wants the relief in respect of an order passed by respondent No. l on 11-2-1997 wherein it was ordered that the recounting of the entire constituency in respect of PF-5, Peshawar-5 shall be done at 10-00 a.m. on 12-2-1997. The brief facts are that the petitioner and respondent No.4 along with others contested elections for the constituency given above. That according to the petition the petitioner won the elections by 48 votes as it was unofficially declared on 3-2-11997. The said lead of 48 votes of the petitioner was reduced to 43 votes on 6-2-1997 at the time of consolidation of the results by the Returning Officer. It was further alleged that the counting for the reconsolidation could not be completed on 6-2-1997 and was postoponed to 11-2-1997 as in-between there were 'Eid Holidays'. It appears that on…