Law: Punjab Local Government Election Rules 2005

Section: R.35(5),36(3),65,71

Law: Civil Procedure Code (V of 1908)

Section: O.V,IX,R.10,12,13,19,20

(a) Punjab Local Government Elections Rules, 2005--- ----Rr. 35(5), 36(3), 65 & 71---Civil Procedure Code (V of 1908), O.V., Rr. 10, 12, 19, 20 & O. IX, R.13---Constitution petition---Recounting---Constitutional petition---Recounting ,of ballot papers, prayer for---Ex parte proceedings against respondent for his refusal to accept notice from Process-Server---Recounting of ballot papers by Election Tribunal and declaration of petitioner as successful candidate---Application by respondent under O.IX, R. 13, C.P.C. for recalling ex parte order as he was neither served personally nor had he knowledge of election petition; and that recounting was not done in accordance with law---Dismissal of such application by Election Tribunal---Validity---Election Tribunal had not examined Process-Server to testify his inscribed report in terms of O.V., R. 19, C.P.C.---No notice by any other mode or through citation in newspaper was got published against respondent for date on which he was proceeded ex parte---Record was contrary to Election Tribunal's finding that respondent was personally served through registered post A/D---Election Tribunal had ordered recount of ballot papers on basis of concessionary statement of petitioner of another election petition also praying for recounting of ballot papers---Order of recount of ballot papers was sketchy/unreasoned and did not refer to any material justifying the course adopted---Notice to respondent through citation in newspaper was ordered after passing the order of recount, but same was not dispatched at his postal address given in election petition---Such application could not have been decided summarily, wherein disputed factual controversy was raised requiring recording of evidence---Impugned orders of ex parte proceedings and recount of ballot papers were arbitrary/fanciful for having been passed in haste without assigning any lawful reason---High Court declared impugned orders to be void, resultantly such application would be deemed pending before election Tribunal for its decision afresh after framing of issues and recording of evidence; and that Election Tribunal might pass fresh order for recount of ballot papers,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492