Law:

Section:

(a) Representation of the People Act (LXXXV of 1976)-------Ss. 46(2) & 33 (5)---Rejection of ballot-papers---Validity---While counting the ballot-papers question as regards validity of disputed ballot-papers was left pen for decision by the Election Tribunal---Even if any objection had been raised at the time of counting of ballot-papers, the same had to be decided by Election Tribunal---Elected candidate was not debarred from raising objection regarding exclusion of disputed ballot-papers from his count and the validity of tithe same had to be determined by the Election Tribunal. (b) Representation bf the People Act (LXXXV of 1976)--- ----S. 33 (5)---Ballot-paper---Validity of---Any mistake or error committed by an officer 'in respect of making or stamping of a ballot-paper could not be used ' against a candidate in whose favour the voter had indicated his choice--­Mistake or an error in the official act during the performance of statutory duty could not be used to the prejudice of any of the parties. Dr. Syed Sultana Ibrahim v. Mrs. Afroz Nazir Ahmad and others 1988 CLC 728; Sardar Ikramullah Khan v. Haji Attaullah Khan and others 1989 MLD 4882 and Mian Zia-ud-Din v. Punjab Local Government and others 1985 SCMR 365 ref. (c) Representation of the People Act (LXXXV of 1976)--- ----Ss. 46(2), proviso & 33 (5)---Constitution of Pakistan (1973), Art. 226--­Secrecy of ballot-paper---Violation---Procedure---Where on account of act of the voter himself secrecy of ballot was violated before rejection of such ballot papers it had to be pleaded firstly and then proved through evidence that the same was the result of prior understanding between such voter and the candidate. It was the duty of the staff employed for conducting the election to enter the number of Identity Card of voters as well as serial number of the voters in the voters' list on the back of the conunterfoil of each ballot-paper which was to be retained by the office in the record and not open for public inspection. If in doing so, by mistake the members of the staff in discharge of their function instead of recording the same on the back of the counterfoil, recorded it on the ballot-paper itself,…

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