Law:

Section:

(a) Sind Local Government Election Rules---R. 67(2)-Fresh election-Ordering fresh election in case of election records being found to have been tampered with subsequently-Not required under any provision of Sind Local Government Ordinance, 1979, or rules framed thereunder - Respondent claiming relief of declaration of election of returned candidate as void-Election tribunal, held, not debarred from granting such relief. (b) Constitution of Pakistan (1973)---- ----- Art. 185(3)-Leave to appeal-New point - Point neither urged before Election tribunal nor before High Court-Permission to urge such point before Supreme Court, held, tantamounts to permitting petitioner to plead a case different from one taken in pleadings and as such disallowed. ORDER ZAFFAR HUSSAIN MIRZA, J.-Petitioner Shah Baig and respondent No. 3 Ghulam Nabi were candidates for election from Local Council, Unit No. 7, Laloo Ranwak Taluka Warrah, District Larkana. The election was held on 25-9-1975. On the close of the poll, the Presiding Officer declared the result of the count, wherein respondent No. 3 had secured 266 votes and the petitioner had secured 216 votes, whereas 62 votes were found to be invalid. Accordingly at this stage, respondent No. 3 was the successful candidate: After the consolidation of the results, the Returning Officer, however, declared the petitioner as having obtained 256 votes as against respondent No. 3, who was declared to have obtained 251 votes and 36 votes were found to be invalid. The Returning Officer, therefore, declared the petitioner as the successful candidate. Aggrieved by the decision of the Returning Officer, respondent No. 3 filed an election petition, which was referred to the First Additional District Judge and Election Tribunal, Larkana, for decision. The Tribunal after recording the evidence of the parties, came to the conclusion that the results declared by the Presiding Officer were correct, and that certain manipulations had been made in the record after it was sealed and sent to the Returning Officer, at the time of consolidation of results in the absence of respondent No. 3. The Tribunal recorded the finding in the following words: -- "The above…

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