Law:

Section:

(a) West Pakistan Basic Democracies (Election of Chairman) Rules, 1960, r. 5(3) and Constitution of Pakistan (1962), Art. 98­Election-Voters putting cross marks on ballot papers not precisely on dotted line against which name of candidate appeared but in between respective dotted lines bearing names of rival candidates-Presiding officer rejecting ballot papers on ground that they did not adequately disclose intention of voters-Voter psychologically more likely to use space above line for his candidate than below it and there being no requirement under rulr5 (3) to put cross mark precisely on dotted line-Held, possibility of doubt or dispute as to person in whose favour marks had been put being out of question, action of Presiding Officer was wholly arbitrary, not inspired by any sense of duty to do justice between rival candidates and such exercise of power was mere colourable exercise of power or even abuse of power. The High Court, in the instant case, had held that the reasons given by the Presiding Officer for his action were wholly irrelevant, for, all that sub-rule (3) of rule 5 of the Election of Chairman Rules provided was that a cross mark should be placed against the name of the candidate for whom the voter wishes to vote. This sub-rule did not make any reference to any space or require that the cross should be precisely on the dotted lines. All that it required was that the cross should be "against the name of the candidate." 1f the dross was, therefore, put in the space between tile names of the two candidates it was clearly against the name of the candi­date whose name appeared on the lower dotted line. The High Court was also satisfied after looking at the invalidated ballot­papers that "a voter is psychologically more likely to use the space that is above the line for his candidate than below it" and, therefore, the cross marks on the ballot-papers in question left no room for doubt that the intention of the voter was to cast his vote in favour of the petitioner. The Supreme Court examined those ballot-papers and had no hesitation in saying that the remarks made by the High Court were fully justified. There was no possibility of any doubt or…

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