Law:

Section:

(a) Representation of the People Act (LXXXV of 1976)-------S.38(4)(c)(iii)---Ballot papers without marking---Validity---Ballot papers without marking thereon could not be counted in favour of any of contesting candidates (b) Representation of the People Act (LXXXV of 1976)--- ----(. 52---Election petition against seat reserved for Christians---Returned candidate making application for adequate opportunity to address arguments on merits---Applicant had been afforded more than fair opportunity to address arguments but she failed to avail the same---No party was entitled to address arguments at its own convenience for that would amount to controlling of proceedings---Applicant was, however, fully aware of time at the disposal of Election Tribunal to decide the same within specified time as per direction of Supreme Court---Applications for adjournment of election petition were dismissed in circumstances. Abdullah and another v. Mian Tafazzul Hussain and another PLD 1961 BJ 58 and Ghulam Rasool v. Ch. Din Muhammad PLD 1967 Lah, 665 rel. Ch. Muhammad Abdullah v. Ch. Abdul Wakil and others PLD 1986 SC 487 and Harchand Rai v. Manga Ram and others 1986 CLC 985 ref. (c) Representation of the People Act (LXXXV of 1976)--- ----Ss. 52 & 69---Recounting of votes in 35 constituencies as per direction of Supreme Court on remand of case to Election Tribunal---Form XVI-A in respect of 35 constituencies had been proved by responsible judicial officers and most of them were not cross-examined at all by the parties---Minor discrepancies had been removed with reference to Form XIV and recounting, therefore, same would furnish sound and sure footing to decide election petition---Position of three parties was tabulated by Election Tribunal and on basis thereof, election of returned candidate for Christian seat was declared to be void and instead petitioner who had secured more votes than the other contestants for said seat was declared as elected in place of returned candidate JUDGMENT These are two election petitions directed against the fifth seat reserved for Christians. The legal and factual controversy as well as the parties are the same, therefore, the same were tried…

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