Law: Punjab Local Councils (Election) Rules, 1979

Section: 40

Punjab Local Councils (Election) Rules, 1979--   ---S. 40--Leave to appeal--Grievance of petitioner that Presiding Officer had declared certain valid votes as invalid and vice versa-­Request of petitioner to hold up publication of result of election not granted by Election Authority--Writ petition seeking said relief dismissed by High Court--Questions (i) whether Presiding Officer was right in rejecting or accepting certain ballot papers, and (ii) whether Returning Officer was justified in himself deciding result of election by spin of coin were primarily to be decided by Election Tribunal to whom petitioner had already moved in that regard-­Petitioner found to have been ill-advised in rushing to High Court in writ jurisdiction and had unnecessarily wasted the time of Supreme Court and High Court--Petition for leave to appeal dismissed.   ORDER SAAD SAOOD JAN,J.--The petitioner and Mirza Khalid Beg, respondent No.5, were the only candidates in the election to the Union Council, Kahna Kohna from Ward No.16. The election was held on 30-11-87. At the end of the polls the Presiding Officer rejected sixteen ballot papers. He then found that each candidate had received 239 votes. Under the relevant rule he was required to draw lots to determine the result of the election. It appears that both candidates were upset over the final count and they were not prepared to get the lots drawn. The feelings among their supporters ran high anti there was a likelihood of their coming to blows. While the parties were quarrelling, the electricity supply to the polling station was cut off. Faced with this situation„ the Presiding Officer referred the matter to the Returning Officer with the request that he should himself settle the dispute between the parties. Both candidates appeared before the Returing Officer on 1-12-87. He proceeded to decide the result of the election through the spin of a coin. The toss went iri favour of Mirza Khalid Beg who was then declared elected. Later, he, was also elected as Chairman of the Union Council. 2. Being dissatisfied with the…

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