Law: Electoral College Act (IV of 1964)

Section: 23(3),23(iii),60,36(1-A),14,19,87,59

Electoral College Act (IV of 1964), S. 23 (3) (iii) read with Electoral College Rules, 1964, rr. 14, 19 & 36(1-A) Electoral roll revised and duly published-Election has to be held on basis of such roll- Objection that voter was minor-Cannot be taken in election petition.   Imtiaz Ali v. Ghulam Muhammad Butt P L D 1958 S C 228 and Ghulam Abbas v. Additional Commissioner, Khanpur P L D 1965 Kar. 625 rel.   Electoral College Act (IV of 1964), S. 60 read with r. 36(1-A), Electoral College Rules, 1964-Election set aside on ground that certain persons cast their votes twice; once in another electoral unit and second time in electoral unit in respect of which election was in dispute-Election petition containing no such allegation-No evidence on record in support of allegation-Order setting aside election ,illegal-Election Tribunal in dealing with election petition performs judicial functions and thus should act in mariner which is consistent with hell recognised principle of justice, equity and fair play.   Muhammad Saeed v. Election Petition Tribunal, West Pakistan and others P L D 1957 S C 91 and Anwar v. Crown P L D 1955 F C 185 fol.   Muhammad Akram v. C. A. Saeed P L D 1965 Lab. 703 and Board of Education v. Rice 1911 A C 181 rel.   Electoral College Act (IV of 1964), S. 87-Transfer of election petition-No provision in Act for transfer of election petition-Chief Election Commissioner not competent to direct Chairman, Provincial Election Authority to exercise power of transfer.   Delegation of powers-Delegate not competent to delegate his authority to any other person.   Electoral College Act (IV of 1964), S. 59-Election petition pending before Additional Commissioner transferred by Commis sioner to Deputy Commissioner not competent to pass such order-Consequent order by Deputy Commissioner held, without jurisdiction.   Dates of hearing: 19th and 20th January 1966.  JUDGMENT   SARDAR MUHAMMAD IQBAL, J.-The petitioner and respondent v. No. 2, Ramzan, contested election for the Electoral College from Electoral Unit No. 80, District Mianwali. The election was held on the 9th of November 1964. The petitioner was…