Law:

Section:

(a) Representation of the People Act (LXXXV of 1976)--- ----S. 39---Returned candidate won the _ election by 416 votes only ---Non­ delivery of National Identity Cards to 2500 persons by the Department could have upset the election results in circumstances. (b) Representation of the People Act (LXXXV of 1976)--- ----S. 39(3)---Returning Officer in his deposition had admitted that he did not examine or consider 872 rejected votes while he announced final results--­Returning Officer, in doing so, held, violated mandatory directions contained in S. 39 (3) of the Act. (c) Representation of the People Act (LXXXV of 1976)--- ----Ss. 39(1) & 91--:Provision of S. 39(1) requiring Returning Officer to consolidate the votes of all the polling stations, being a mandatory requirement of law non-compliance of which wilfully and without reasonable cause might tantamount to breach of official duty within meaning of S.91 of the Act which prescribes imprisonment for a term which may extend to two years or with fine which may extend to one thousand rupees or with both. JUDGMENT This Election Petition under section 52 of the Representation of the People Act, 1976 has been filed by Syed Ourban Ali Shah, petitioner, against Anis Ahmed Khan respondent No.1 and others calling in question the results from Constituency NA.174, Tharparkar I, the polls whereof were held on the 24th of October, 1990, in which the said respondent No.1 was declared as elected. The petitioner has prayed for a declaration that the election of respondent No.1 is void and the petitioner was duly elected and in the alternative the election as a whole was void. The petitioner has alleged a large number of corrupt and illegal practices during the elections and of illegal acts and offences by a number of Government servants, Presiding Officers and Polling Staff as well as the Returning Officer of the Constituency, whereby the Petitioner was deprived of lawful majority of the votes in the election. The petitioner particularly made reference to 2,500 voters who were prevented from casting their votes by wilful, deliberate and unlawful denial of issuance of National Identity Cards to them as per Schedule `A' to the…

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