Law:

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Representation of the People Act (LXXXV of 1976)-- ----S. 52---Recounting of ballot-papers- --Recount of ballot-papers, held, could be ordered only in appropriate cases and on satisfaction of requisite conditions. Syed Saeed Hassan. v.. Pyar Ali and 7 others P L D 1976 SC 6 and Col. (Recd.) Syed Mukhtar Hussain Shah v. Wasim Sajjad and 30 others P L D 1986 SC 178 ref. JUDGMENT The petitioner, who was a pandidate for one of the five seats reserved for non-Muslims for, Punjab Provincial Assembly, filed this election petition under section 52 of the Representation of People Act 1976 seeking the relief that election of Qaiser Ifraheem Saroia respondent be declared void and in his place the petitioner be declared to have been duly elected to the Provincial Assembly. The aforesaid relief was sought on the ground that after the voting on 22-11-1988 according to the results announced on the Television and also in the "Pakistan Times" the votes polled by each of the winning candidates were as under:- ____________________________________________________________ S. No. Names of the returned candidates Votes polled ____________________________________________________________ (1) Begum Raj Hamid Gill ... ... 10,449 (2) Shamaun. Kaiser ... .... 9,386 (3) Peter Gill (the petitioner) .... ... 8,364 (4) Sharif Masih Gill ... ... 8,316 (5) Dr. Sheela B. Charles ... ... 7,895 It was asserted that the victory of the petitioner was turned into defeat on 27-11-1988 at the time of final compilation of the consolidated results as the petitioner was placed at Serial No.6, which means that the petitioner was not a returned candidate and instead Qaiser Ifraheem Saroia was declared to have won the election by getting a place at Serial No.5. It was added that on going through the consolidated statement and results of the Court furnished by the Presiding Officers, it was found that factual error and mistakes were committed as the votes polled in PP-120 (Lahore), PP-123 (Lahore), PP-133 (Lahore) and PP-134 (Sheikhupura) were not correctly recorded in the final Consolidation statement of Count. 2. The case of tho petitioner is that in PP-120 (Lahore) the petitioner had secured 67 votes, in…

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