Law:

Section:

(a) Punjab Local Government Ordinance (VI of 1979)--. --S. 24---Constitution of Pakistan (1973), Art. 199---Election to Local Council---Presiding Officer initially declared petitioner to be the returned candidate but subsequently while forwarding result to the Returning Officer ,versed the result---Validity---Once results were announced by the Presiding Officer, declaring petitioner as the returned candidate, whether rightly or wrongly, he became functus officio, and the result could not be reversed by ,.m---Only remedy available to rival candidate was by filing an election petition under S.24, Punjab Local Government Ordinance, 1979---Act of presiding Officer subsequently declaring respondent as a successful candidate by reversing his initial declaration whereby he had declared petitioner to be the returned candidate was without lawful authority and of no legal effect--­Returning Officer was directed to issue a fresh notification in accordance with the result initially declared by him. Muhammad Tufail v. Punjab Local Councils Election Authority 1990 CLC 68.rel. (b) Constitution of Pakistan (1973)--- --Art 199---Local Government Ordinance (VI of 1979), S. 24---Election to Local Council---Presiding Officer having initially declared petitioner to be a returned candidate became functus officio, and the result could not be reversed by him---Presiding Officer's act reversing his first declaration of result was without lawful authority and of no legal effect. JUDGMENT The petitioner and respondent No.3 contested election of Local Council from village Sheroke, Union Council Chak No.15/RB Deori, District Sheikhupura. It is alleged by the petitioner that at the close of the election, the Presiding Officer announced the result, whereby the petitioner was declared returned candidate securing 174 votes, while Abdul Majid, respondent No.3 herein getting 135 votes. It is further alleged that the Presiding Officer while forwarding the result to the Returning Officer, reversed the results showing that the petitioner got 135 votes, whereas Abdul Majid respondent No.3 herein, got 174 votes. Consequently, the Deputy Commissioner, Sheikhupura, issue Notification No.104112…

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