Law: Punjab District Board Rules, 1926

Section: r. 69, r. 69,

(a) Punjab District Board Rules, r. 69-When Government can Order inquiry under the rule.(b) Government-Actions of-Should be regarded as having been taken bona fide unless contrary established.(c) Punjab District Board Rules,c-Polling ending prematurely due to running short of ballot papers-Govern�ment may, order further polling confined to votes which remained uncast at previous polling.Where polling at a station ended prematurely at 2-05 p.m., whereas it ought to have closed at 3-00 p.m., on the final day of the election due to running short of ballot papers, and when the presiding officer did not proceed under rule 37, Punjab District Board Rules, and the Provincial Government after the lapse of about 11 months ordered further polling confined to the votes which had remained uncast at the previous electionHeld, that the expedient adopted by the Government namely to confine, further polling to the votes, which according to the record remained uncast when the polling ended prematurely is a law-full expedient which ought not to be interfered.This finding was independent of the consideration whether Government could do after lapse of 11 months what the presiding officer had failed to do under rule 37.JUDGMENT CORNELIUS, J:-This appeal is brought before this Court by special leave granted to one Sai Muhammad to appeal against an order of a Division Bench of the West Pakistan High Court, refusing to Sai Muhammad a writ of mandamus directed to the Government of West Pakistan in respect of the election to the District Board of Sheikhupura from Circle No. 9 (Ajnianwala) held in January 1955. It was stated in the petition that according to the polling Programme, polling was to take place for Circle No. 9 on the 24th, 25th, 26th, 28th and 29th January 1955. The poll was closed each day at 3 p.m. On the 29th January 1955, when the polling was in progress, it was found that the ballot papers at station Keelay were exhausted. This discovery was made at five minutes past two in the afternoon. A massenger was sent to Sheikhupura to fetch a further supply of ballot papers, but these only became available shortly before 4 p.m., and the presiding officer was unable…