Law:

Section:

(a) Balochistan Local Government Elections Rules, 2000-------R. 71---Election petition---Recounting of votes by Election Tribunal without framing of issues and recording of evidence---Scope---In absence of any prohibition contained in Balochistan Local Government Election Rules, 2000, Election Tribunal is not debarred to carry out recounting of votes without framing of issues and recording of evidence---Election Tribunal in the light of result of recounting of votes, if does not consider necessary to proceed further, it can dispose of election petition forthwith. (b) Balochistan Local Government Elections Rules, 2000- ----R. 71---Constitution of Pakistan (1973), Art.185(3)---Election petition---Recounting of votes, prayer for---Election Tribunal on the basis of result of recounting of votes carried out in presence of parties declared petitioners as successful candidates---High Court in Constitutional petition upheld decision of Election Tribunal---Contention of respondents was that such summary disposal of election petition by Election Tribunal without framing of issues and recording of evidence was not legal---Validity---Petitioners before announcement of official result had in writing pointed out to the Returning Officer the irregularity in counting of votes and change of result of polling station in question,. which complaint had remained unattended---Respondents had not alleged at any stage that ballot-papers had been tampered with before recounting of votes by the Election Tribunal---No prejudice had been caused to respondents' case on merits by such summary disposal of election petition, which was not an illegal exercise of jurisdiction of Election Tribunal---Supreme Court dismissed petition and refused leave to appeal. (c) Balochistan Local Government Elections Rules, 2000--- ----R. 71---Jurisdiction of Election Tribunal---Scope---Election Tribunal having exclusive jurisdiction could not be a Tribunal of unlimited and indefinite jurisdiction---Ambit of operation of Election Tribunal was confined strictly within four corners of law under which the same was created---Procedural irregularity not causing prejudice to the case of either party would not render…

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