Law: Electoral College Act (IV of 1964)

Section: 58,60

Law: Constitution of Pakistan, 1962

Section: 158

(a) Electoral College Act (IV of 1964), Ss. 58 & 60-Election of candidate challenged on ground that candidate was below 25 years of age on date of his nomination-Fact of minority admitted by candidate before election Tribunal-Tribunal, thereafter, under no obligation to give elaborate hearing to such candidate.   Electoral College Act (IV of 1964), Ss. 58 & 60 read with Electoral Rules, 1964, r. 36 (1-A)-Election of returned invalid by reason of disqualification attaching to of election-Whether only election of returned candidate to be declared void or election as a whole to be set aside Whether votes cast in favour of such candidate should be treated as being simply wasted or, thrown away and on that basis whether candidate securing next highest number of votes can be declared duly elected-Constitution of Pakistan (1962), Art. 158.   Votes given for a candidate who is disqualified may in certain circumstances be recorded as not given at all or thrown away and for so deciding a scrutiny is not necessary. The disqualification, however, must be founded on some positive and definite fact existing and established at the time of the poll so as to lead to the fair inference of willful perverseness on the part of the electors voting for the disqualified person. If the disqualification is not notorious and depends on legal argument or upon complicated facts and inferences then even though the candidate may be unseated by reason of his disqualification the votes given for him will not be thrown away so as to give the seat to the candidate with the next highest number of votes. For the votes given for a candidate to be thrown away the voters must before voting either have bad or be deemed to have had notice of the facts creating the candidate's disqualification.   In an election petition under section 58 of the Electoral College Act, 1964, the election of the successful candidate was challenged on the ground that he was below 25 years of age on the date of his nomination as a candidate for the election. The fact of his minority was admitted by the candidate before the Tribunal hearing the petition. Accordingly the election Tribunal held the…