Law: Punjab Local Government Election Rules 2005

Section: R.25,71

Law: Constitution of Pakistan, 1973

Section: 199

Punjab Local Government Elections Rules, 2005--- ----Rr. 25 & 71---Constitution of Pakistan (1973), Art.199---Constitutional petition---Power of Election Tribunal to direct re-poll---Order of Election Tribunal of re-poll was challenged by the parties relying upon R. 25 of Punjab Local Government Election Rules, 2005---Validity---Rule relied: upon only dealt with powers of Returning Officer to direct fresh poll at the polling station where the poll was interrupted/obstructed for the ,reasons beyond the control of Presiding Officer or ballot boxes were taken out of the custody of Presiding Officer or were destroyed accidentally/intentionally or the ballot papers were destroyed/tampered---Reliance on R. 25 was not only unwarranted but was also misplaced in circumstances---Rule 25 did not confer unbridled powers on Election Tribunal to direct re-poll at any or all polling stations, if inevitable on basis of evidence on the file---Pleadings of the parties clearly depicted that certain ballot papers were really snatched at one of the. polling stations---Upon re-count done in the presence of parties by Election Tribunal 235 ballot papers were found missing---Election Tribunal therefore, rightly ordered to re-poll at the polling station of question---Plea raised by respondents/runners up that on basis of re-count Election Tribunal was to declare respondents as returned candidates had no force as election of the petitioners/returned candidates was not declared void by Election Tribunal and after re-poll at polling station in question Returning Officer would prepare fresh consolidated statement in Form XV---Record and impugned revealed that controversy was correctly put to rest without committing any error of law/facts---Petition was dismissed. Rana Wakeel Ahmed Khan v. Chief Election Commissioner and 9 others PLD 2004 Lah. 794 distinguished. Malik Din and another v. Muhammad Aslam PLD 1969 SC 136 ref. THIS JUDGMENT DELIVERED BY: MUHAMMAD MUZAMMAL KHAN, J.--- This judgment proposes to decide two constitutional petitions, one in hand and the other Writ Petition 6730 of 2006 filed by respondents Nos. 2 and 3, as both of these raise similar questions of law/facts;…

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