Law:

Section:

(a) Constitution of Pakistan (1973)----- Art. 185 --- Representation of the People Act (LXY-XV of 1976), S.103-AA- -­Representation of the People (Conduct of Election) Rules, 1977, R.28 --- Where order of the High Court was just, fair and proper and calculated to advance the interest of justice, Supreme Court declined to grant leave to appeal against it. (b) Representation of the People Act (LXXXV of 1976)- --- S.103-AA --- Where a serious violation of law or any statutory rule is established by a group of miscreants or by the supporters of a losing candidate in one or two polling stations, the election of the whole constituency may not be set aside if on the strength of the votes cast in other polling stations and the available record a clear result is determinable. Link 1 In a case where a serious violation of law or any statutory rule is established by a group of miscreants or by the supporters of a losing candidate in one or two polling stations, the election of the whole constituency may not be set aside if on the strength of the votes cast in other polling stations and the available record a clear result is determinable. In the present case, respondent had obtained 5,122 votes and. the next highest number of votes obtained were by the petitioner namely 2,625 votes. Admittedly, the three ballot boxes which were not recovered contained only 1,785 votes and even if all of them had been cast in favour of petitioner he would still have lost. In these circumstances, to declare the election of the whole constituency as void on account of the misdoings or the hooliganism perpetrated by the supporters of other candidates would be to encourage candidates who feel that they are losing getting the whole election annulled and frustrating the-wishes of the electorate. Supreme Court will not easily countenance such a malversion of the electoral process. Supreme Court shall not act in aid of injustice and where an order of the High Court has been passed to bring about a just, proper and fair result, Supreme Court will not interfere. ORDER NASIM HASAN SHAH, J.-- This petition for leave to appeal is directed against the judgment of a Division Bench of the High Court of…

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