Law: Electoral College Act (IV of 1964)

Section: 58,60,40(2),40(c),45(1),45(a)

Law: Constitution of Pakistan, 1962

Section: 98

Electoral College Act (IV of 1964)----Ss. 58 & 60 read with Ss. 40(2)(c) & 45(1)(a)-Election petition-Question (of law) not raised in petition-Election Tribunal, nevertheless, competent to go into such question if same be patent on face of record and particularly when such question though not raised in grounds of petition had been fully debated by both parties at time of argument-Allegations that certain votes were not valid on account of absence of official marks-Allegations though not mentioned in grounds of petition, Tribunal, held, competent to consider question.   Muhammad Saeed v. Election Petitions Tribunal, West Pakistan etc. P L D 1957 S C (Pak.) 91 and Mir Nabi Bakhsh Khan v. The Elections Petitions Tribunal, Punjab P L D 1957 S C (Pak.) 301 distinguished.   Constitution of Pakistan (1962)-----Art. 98 Petitioner submitting to jurisdiction of Tribunal below-Cannot be allowed to raise objection to such jurisdiction for first time in writ petition.   Electoral College Act (IV of 1964)----Ss. 40(2)(c) & 45(1) (a)-Irregularity in ballot paper arising from omission on, part of election officials-Vote of elector on such ground whether and when can be held to be vitiated-Ballot paper bearing no official mark-Invalid-Word "official mark" in S. 45(T)(a)-To be construed liberally so as to include not only stamped mark but initial of Presiding Officer as well-Presence of either of two marks saves ballot paper from invalidation.   An irregularity in the ballot paper arising from an omission on the part of an election official, or public functionary, is not to be regarded as vitiating the vote of an elector who is innocent of any wrong or default in the matter, unless such irregularity has been declared by the statute itself to be fatal to the validity of the ballot. In the specific matter of the presence or absence of the official mark the preponderance of authority is to the effect that if the statute declares a ballot paper to be invalid for want of the official mark then it has to be held as such unless, of course, the intention to place the official mark is clearly evidenced from the paper itself, as for example, in a…