Law:

Section:

(a) Punjab Local Councils (Elections) Rules, 1979--- ----8. 28---Unlawful removal of ballot boxes---Order of fresh polls--Justification---Where result of poll at a polling station could not be ascertained due to unlawful removal of ballot boxes and the matter had been reported immediately by the Returning Officer to the Deputy Commissioner and the Election Authority, poll, at such a polling station, could be declared to be void by Election Authority and direct a fresh poll---Where, however, result of the election as a whole could be determined by the polling that had already taken place at such polling station, taken with the result of the polling at other polling stations in the same electoral unit, fresh poll at such a particular polling station might not be ordered. (b) Punjab Local Councils (Elections) Rules. 1979--- ----(. 28---"Results"- -Connotation---Results referred to in the provisions of R.28 of Punjab Local Councils (Elections) Rules, 1979 mean results of polling at particular polling station---Such a result does not mean the return contemplated by R.41 of Punjab Local Councils (Elections) Rules, 1979. (c) Punjab Local Councils (Elections) Rules, 1979--- ----8. 28---Constitution of Pakistan (1973), Art. 199---Constitutional petition--Unlawful removal of ballot boxes from one polling station---Order for fresh polling---Election Authority passed order for fresh polling at two other polling stations alongwith disturbed polling station---Validity---Where results of the two polling stations were not only ascertained but were duly compiled and sent to the Competent Authority in the manner prescribed, Election Authority was not competent under R.28 of Punjab Local Councils (Elections) Rules, 1979 to order fresh polls at such two polling stations---Order of Election Authority was without lawful Authority in circumstances. JUDGMENT MAULVI ANWAR-UL-HAQ, J.---The petitioner and respondents Nos.4 and 5 contested the Local Council Election to a seat for Zila Council, Narowal, from Electoral Unit No.67. Several Polling Stations were set up. The elections were held on 20-5-1998, at the following Polling Stations:- (1) Boys High School Kanjroor (No.67/1) (2) Girls…

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