Law:

Section:

Punjab Local Councils (Election Petitions) Rules, 1979------Rr. 11 & 12---Constitution of Pakistan (1973), Art. 185(3)---Order for recounting of votes from electoral unit was passed during hearing of election petition---Such total recount of votes was objected to by respondent on ground that his valid ballot papers could not be inspected during recounting because the other party had neither taken such plea in his written statement nor he had claimed recrimination---Objection was accepted by the Election Tribunal which was upheld by High Court in Constitutional petition---Petitioner contended that order of recounting had been passed leaving no scope for subsequently limiting it or making it conditional or partial and that it was a case of total recount---Leave to appeal was granted to consider whether in pleading the correctness of the count, the petitioner could not have possibly also pleaded incorrectness of the count and the two pleas would have been mutually destructive, inconsistent and untenable and that explained the absence of a ground in the form of recrimination to that effect. JUDGMENT SHAFIUR RAHMAN, J.--The petitioner seeks leave to appeal against the judgment of Lahore High Court dated 5-11-1988 whereby the Constitution Petition filed by the petitioner was dismissed. 2. During the course of hearing of an Election Petition, the learned Additional District Judge passed an order on 24-5-1988 to the following effect:-- I hereby accept the applications and pass an order for recounting of votes from Electoral Unit No. 26 of Municipal Committee, Okara. Complete record including Election bags be summoned for 4-6-1988. The parties are directed to appear personally before this Court on the next date of hearing." 3. When the recount in compliance with this Order was taking place, the respondent No.3 submitted an application objecting to total recount by reciting as hereunder:- "That the valid ballot papers of the petitioner cannot be inspected during re-counting because neither the respondent No.1 has taken this plea in his written statement nor he claimed recrimination. Reliance is placed on:- P L D 1975 J (sic) p. 41 and A I R 1964 (sic) p. 1200. So it…

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