Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 3- Trade Union--Referendum--Contention that arrangement in mode of referendum agreed with consent of all representatives of Unions concerned, by allowing voters to cast their votes by showing their Identity Cards instead of Medical Cards, was departed by Polling Officer who resorted to arrangement of casting votes by showing Medical Cards and this caused prejudice to petitioner Union--Original arrangement of casting votes by showing Medical Cards was changed at the request of all representatives of contesting parties present at referendum including petitioner with purpose of avoiding bogus votes--Petitioner had not shown that any of his voters had been deprived right to take part at referendum when agreed arrangement was departed from--Held, no prejudice had been caused to petitioner with change of arrangement--Interference declined in Constitutional jurisdiction. (b) Industrial Relations Ordinance (XXIII of 1969)- ---S. 3--Referendum--Invalidation of vote--Instead of cross-mark, voter put his thumb impression on ballot-paper in symbol allotted to petitioner and Polling Officer invalidated vote--Held, intention of voter was clearly to cast his vote in favour of petitioner, Polling Officer thus, wrongly invalidated his vote. PLD 1987SC213re1. M. L. Shahani for Petitioner. Abdul Rahim Kazi, A.A.-G. alongwith Barkat Ahmad for Respondent. No. 1. Mushir Alam for Respondent No. 2. Chaudhry Rashid Ahmad for Respondent No. 3. Date of hearing: 4th February, 1988. ORDER Through this petition the petitioner has made grievance against the conduct of the first round of the referendum, which was held by the respondent No. 1 between the petitioner and other Unions, including respondents Nos. 2 to 6. The contention of Mr. M.L. Shahani, learned counsel for the petitioner mainly is that originally in a pre-referendum meeting held on 20-12-1987 by the respondent No. 1 where all the contesting unions had participated, it had been decided that only such workers who were in possession of medical cards issued by the Karachi Water and Sewerage Board would be allowed to participate in referendum, but later at the first round of…

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