Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 199---Constitutional petition ---Averments made in the petition were not controverted through any 'reply/written statement/comments---Facts stated in Constitutional petition would be taken as correct subject to any objection on good grounds. (b) Representation of the People Act (LXXXV of 1976)--- ----Ss. 39(6)(b) & 103-AA---Constitution of Pakistan (1973), Art.199--­Constitutional petition---Election Commission issuing directions for recounting of votes under S. 103-AA, Representation of the People Act, 1976 when Gazette Notification had been issued with regard to successful candidates---Validity--­Election Commission could not exercise jurisdiction after publication of Notification in official Gazette with regard to election showing therein returned candidates, for issuing directions for recounting of votes under S. 39(6)(b) of the Act---Such power, however, could be exercised under S.103-AA of the Act with conditions and reliefs mentioned therein---Jurisdiction of Election Commission, to interfere with such matter would arise only where it was, ex facie, found on facts that grave illegality or violation of law or rules governing electoral process, including count of votes had occurred---Violation of such nature would invoke jurisdiction of Election Commission before Gazette Notification of successful candidates but not thereafter---Election Commission after Gazette Notification of successful candidates would become functus officio---Election Commission having ordered recount of votes of entire constituency after Gazette Notification of successful candidates, order passed by it was void ab initio, without lawful authority and of no legal effect and, therefore, was set aside in circumstances. Bartha Ram v. Lala Mehar Lal Bheel and another 1995 SCMR 684 and PLD 1989 SC 396 ref. Mian Jamal Shah's case PLD 1966 SC 1; Saddruddin Ansari's case PLD 1967 SC 569; Lt.-Col. Farzand Ali's case PLD 1970 SC 98; Haji Behram Khan's case PLD 1990 SC 352; Pir Sabir Shah's case PLD 1994 SC 738; Ghulam Mustafa Jatoi's case 1994 SCMR 1299 and Bartharam's case 1995 SCMR 684 rel. JUDGMENT MIAN SHAKIRULLAH JAN, J.---The question…

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