Law: Punjab Local Government Elections Rules, 2001

Section: 29(2)

Law: Punjab Local Government Elections Rules, 2001

Section: 29(2)

Law: Constitution of Pakistan, 1973

Section: 185(3)

Punjab Local Government Elections Rules, 2001--- ----R. 29 (2)---Constitution of Pakistan (1973), Art. 185 (3)---Stopping of polling forcibly---Re-polling---Petitioner was elected as Nazim of union council and it was alleged that he forcibly stopped polling at one polling station and snatched ballot papers from polling staff---Notification for re-polling was issued which notification was set aside by High Court in its Constitutional jurisdiction---High Court partially allowed the Intra-Court Appeal against the said ---Validity---At the disputed polling station total 183 votes were cast out of which the petitioner got 177 votes---As far remaining 6 votes those were declared invalid---Report of such result was submitted by the Presiding Officer to District Returning Officer who accepted the same and ordered for re-polling---No other conclusion could be drawn except that smooth polling had not taken place at the disputed polling station because it was not possible that out of 183 votes petitioner could alone be polled 177 votes and remaining 6 votes were declared invalid---Report submitted by Presiding Officer through District Returning Officer concerning snatching of votes etc. might be correct and High Court had rightly passed the order---Supreme Court declined to interfere with the passed by High Court in Intra-Court Appeal---Leave to appeal was refused. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.-----This petition has been filed for leave to appeal against the judgment, dated 27th July, 2004 passed by the I.C.A. Bench of Lahore High Court, Lahore, whereby order dated 26th April, 2004 passed by learned Single Judge in Constitutional petition has been set aside and on taking into consideration. Report of Presiding Officer submitted by him through Returning Officer on 29th March, 2004, re-polling in Polling Station No.4 Girls Primary School, Malik Pur has been directed. 2. Precisely stating the facts relevant for disposal of instant petition are that after the polling on the seat of Nazim at Union Council No. 148 the District Returning Officer, Nankana, recommended re-polling of two polling stations i.e. Nos.4 and 5 on the basis of allegation that polling was stopped…

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