Law:

Section:

(a) North West Frontier Province Local Councils (Election of Chairman and Vice-Chairman) Rules, 1979------R.6(3)---Cross mark---Description of the cross illustrative and not exhaustive--­Instruction of Election Authority as embodied in R.6(3) of the Rules, 1979. directs that the voter would place a mark of cross "X" in the place provided for, to the candidate of his or her choice--Such instruction, however, does not specifically provide that the `cross mark' would be specifically of a particular type as illustrated in the instruction and no other---Instruction of Election Authority, is thus, only illustrative of the cross as "X" and not an exhaustive description of the cross---By instructions under a rule, the meaning of cross, which is very well understood, could not be altered, curtailed or modified by using such language as used in the instructions. Khan Shahzada v. Maulvi Fazal Rabi and 3 others 1983 S C M R 125 and Black's Law Dictionary ref. (b) North-West Frontier Province Local Councils (Election of Chairman and Vice-Chairman) Rules, 1979--- ---R.6(3)---Constitution of Pakistan (1973), Art. 185(3)---Cross mark---Mark or cross not conforming to instruction of Election Authority---Validity---Election Authority had manifestly taken an incorrect view of law by concluding that the ballot papers with plus (+) marks were invalid and should not have been counted---High Court had taken the correct view that such mark on ballot papers was not invalid---Any decision which is contrary to law does not on the language used in the statute, preclude the High Court from exercising its Constitutional jurisdiction in correcting it. (c) North-West Frontier Province Local Councils (Election of Chairman and Vice-Chairman) Rules, 1979--- ---R.6(3)---Constitution of Pakistan (1973), Art.185(3)---Mark of cross on ballot papers not conforming to instructions of Election Authority---Petitioner's contention that plus mark used only on two of the ballot papers out of 43, could have been used as a device to identify the voters and to betray the secrecy of the ballot, was just a mere possibility---No such assertion having been made and no finding recorded thereon there was nothing to…

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