Law: Punjab Local Government Election Rules 2005

Section: R.35,36,38,71,76,77

Law: Constitution of Pakistan, 1973

Section: 199

(a) Punjab Local Government Elections Rules, 2005--- ----R. 71---Election Tribunal, powers of---Scope---Tribunal would be required to follow procedure ordained in C.P.C., thus it would have powers to rectify a procedural deviation---Election being a process to determine the will of people, mere procedural deviation and irregularities could not defeat will of electorate. (b) Punjab Local Government Elections Rules, 2005--- ----Rr. 35, 36, 38, 76 & 77---Constitution of Pakistan (1973), Art.199---Constitutional petition---Prayer for recounting of votes and declaration of petitioner's success---Proof---Statement of count issued by Presiding Officer showing petitioner to have obtained 98 votes from disputed Polling Station---Consolidated result showed petitioner to have obtained zero votes from disputed Polling Station---If 98 votes were counted towards votes obtained by petitioner, then he would become successful---Such matter would fall within ambit of R.76 of Punjab Local Government Elections Rules, 2005 and Election Tribunal had power under R.77 thereof to declare petitioner as successful candidate---Petitioner had obtained a clear majority, thus, Tribunal declared him elected. Sardarzada Zafar Abbas and others v. Syed Hassan Murtaza and others PLD 2005 SC 600 distinguished. (c) Punjab Local Government Elections Rules, 2005--- ----R.71---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Grounds not argued before Election Tribunal, could not be raised before High Court. THIS JUDGMENT DELIVERED BY: SYED ASGHAR HAIDER, J.--- The petitioner contested the elections for the Local Bodies on a seat for General Councillor in Union Council No.12, Kala Bagh, Tehsil Esa Khel, District Mianwali, he secured 39 and 21 votes from Polling Stations Nos. 6 and 7 whereas respondent No.7 secured zero vote from the said polling stations, after count the petitioner was declared as a returned candidate. After consolidation of result respondent No.7 filed an application before the Returning Officer for rechecking and recounting, it was dismissed. Thereafter notification of the petitioner as returned candidate was issued. Respondent No.7 filed an election,…

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