Law:

Section:

Punjab Local Councils (Election Petitions) Rules, 1979--- ----Rr. 8, 12, 13 & 14---Constitution of Pakistan (1973), Art. 199---Rejection of votes---Election Tribunal excluded votes from count on the ground that voters had not marked specific symbol but had marked on more than one symbols, thus, voter's intention could not be gathered---Election Tribunal, hold, acted lawfully and no interference in the decision was merited. Sher Afghan v. Aamir Hayat 1987 SCMR 1987 rel. JUDGMENT Petitioner Muhammad Bashii and respondent Badar-ur-Zaman Contested the Election to the office of Councillors in respect of Ward No. 4 in Town Committee, Sambrial. At the conclusion of the Polls, the petitioner was declared as successful candidate. Thus, the respondent Badar-uz-Zaman assailed the aforesaid Election through an Election Petition, which was allowed by the Election Tribunal vide order dated 25th of April, 1992 whereby the respondent Badar-uz-Zaman was declared to have been elected. 2. Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 the aforesaid order of the Election Tribunal has been called in question. Respondent Badar-uz-Zaman who had filed the Election Petition had raised a number of questions with regard to the irregularities and illegalities committed in the Election, and the same were dealt with by the Election Tribunal. In the first instance the ballot papers in respect of Ward No. 6 in which Election took place had been converted into 4 were rejected by the Election Tribunal. Similarly, the foils and the counterfoils did not tally with the counterfoils of the petitioner and the balance recovered. Therefore, the Election Tribunal came to the conclusion that three ballot ­papers were imported from somewhere. The Election Tribunal in fact relied upon the judgment reported as Sher Afgan v. Aamir Hayat (1987 SCMR 1987) and in the light of the observations of the Supreme Court the Election Tribunal proceeded to decide the questions involved in the Election Petition, and the following decisions were taken: (a) The Tribunal excluded two votes from the count of the petitioner, because one from the main packet and the other…

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