Law: Constitution of Pakistan, 1962

Section: 98

Law: National and Provincial Assemblies (Elections) Act, (VII of 1964)

Section: 36(1)(b) (ii), 38(2)(b), 52, 53, 57, 72(1), (3), 82(2)(a)(ii) & 84 (3) (a)

(In its main conclusion this Judgment was reversed by the Supreme Court Judgment published as P I. D 1966 S C 1.) (a) Constitution of Pakistan (1962)-------   -----Art. 98 read with National and Provincial Assemblies (Elections) Act (VII of 1964), Ss. 36(1)(b) (ii), 38(2)(b), 52, 53, 57, 72(1), (3), 82(2)(a)(ii) & 84 (3) (a)-Ballot paper bearing mark by which elector can be identified-(Currency notes, or "Bismillah" inscribed on separate chits, enclosed with ballot paper)---No allegation of previous arrangement between elector and candidate-Election petition, held, not competent in circumstances of case--- Duty .of Member, Election Commission, to exclude such ballot papers from count Declining to go into question amounts to acting without lawful authority-Redress by petition under Art. 98, Constitution of Pakistan (1962).   At the close of poll when the Presiding Officer proceeded to count the ballot papers in favour of each contesting candidate, as prescribed by section 36 of the National and Provincial Assemblies (Elections) Act, VII of 1964, he found that amongst the ballot papers cast in favour of candidate J -   one-rupee currency notes were enfolded in twelve ballot papers,   a portion of a five-rupee currency note was enfoldedin one ballot paper,   an old pice coin, which had a hole in it, was enfolded in another ballot paper, and   small chits of paper bearing the Arabic inscription,"Bismillah Arrahman Nirrahim", in the same kind of hand-writing, on the same sort of paper and the same ink, were enfolded in twelve ballot papers.   The Returning Officer proceeded to count the votes under section 38 of the Act. He agreed with the Presiding Officer as regards the ballot papers which contained currency and, therefore, proceeded to reject them as they bore a mark by which the elector can be identified. He also agreed with the Presiding Officer in his conclusions regarding the ballot papers which contained chits bearing the inscription, referred to above, and proceeded to count them amongst the valid votes. He declared candidate "N" elected to the seat with 237 `valid' votes as against…