Law:

Section:

(a) Representation of the People Act (LXXXV of 1976)---Ss. 27(2) & 103-AA---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to examine whether the High Court was justified in considering an order passed by the Election Commission under S.27(2), Representation of the People Act, 1976, to be one under S.103-AA of the said Act and then not finding the same within purview of that section and for that reason setting it aside. (b) Representation of the People Act (LXXXV of 1976)--Ss. 27(2) & 103-AA---Constitution of Pakistan (1973), Art.185(3)---Order of re -polling by Election Commission at specified polling stations on receipt of information that polling was stopped at those polling stations due to disturbance and removal of ballot-boxes by supporters of candidates---High Court setting aside order of repolling passed by Election Commission---Validity---Order of repolling passed by Election Commission clearly referred to the satisfaction of jurisdictional requirement for invoking such power because polling had to be stopped on account of interruption or obstruction and it was that limited power which was being exercised by the Election Commission---Nothing was available on record to dispute such factual background nor it was possible in Constitutional jurisdiction to dispute the same either---High Court in assuming that order of Election Commission was passed under S.103-AA and not under S.27(2) of the Representation of People Act, 1976, had gone against the record---High Court's finding that there was no stoppage of polls was also against the record---Order of repolling having been passed by Election Commission under S.27, was not required to satisfy jurisdictional requirements of S.103-AA, Representation of the People Act, 1976---Applicant by making an application under S.103-AA, Representation of the People Act, 1976, could not limit jurisdiction of Election Commission to exercise power only by reference to that section and not by reference to any other section of the Act---Applicant could not by his own act limit or otherwise control amplitude of jurisdiction of a statutory authority---Such applicant, however, in the matter of…

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