Law:

Section:

(a) Constitution of Pakistan (1962), Art. 58(3)-Leave to appeal-Granted by Supreme Court to consider questions arising out of alleged breach of r. 22 (3), Electoral College Rules, 1964 and the question whether Tribunal acted with lawful authority it declaring candidate securing lesser number of votes as duly elected (b) Electoral College Rules, 1964, r. 22 (3) read with r. 36­Name of voter added to Electoral Roll on day on which Provincial Government issued notification calling upon Electoral units each to elect a person to Electoral College-Held: Registration Officer had acted "illegally and without lawful authority"-Such voter has not necessary qualification to contest election-Tribunal, in election petition, can completely go into question of correctness or otherwise of electoral roll in case where Registration Officer's order including a name in electoral roll was "patently and manifestly" against provi­sions of Rules and beyond such officer's powers-[Munir Ahmad v. Returning Officer, Karachi and others P L D 1965 Kar. 1 ref., Imtias Ali v. Ghulam Muhammad Butt and others P L D 1958 S C 221 considered]. (c) Electoral College Rules, 1964, r. 36 (1-A) read with r. 22 (3)--(Setting aside election of successful candidate or setting aside election as a whole-Test)-Tribunal finding that candidate who had secured majority of votes was disqualified, his name being added to electoral roll against provisions of r. 22 (3)-Fact of such disqualification not notorious at time of polling so that voters could have no notice of disqualification-Votes secured by such candidate cannot simply be thrown away-Candidate securing next highest number of votes cannot, therefore, be declared elected-Election should be set aside as a whole, result of election having been materially affected-[Halsbury's Laws of England, Vol. 14, 3rd Edn. par. 549; Re: Bristol South-East Parliamentary Election 1961 (3), A E L R 354 and Sanaullah v. Election Tribunal Gujrat and others P L D 1966 Lah. 97 ref.]. Khurshid Ahmad, Senior Advocate Supreme Court instructed by M. Siddiq Senior Attorney for Appellant. Respondents Nos. 1-2 in person. Respondent No. 3 : Ex parte. Ghias Muhammad, Attorney-General…

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