Law:

Section:

Representation of People Act (LXXXV of 1976)-------Ss. 39 & 62---Recounting of votes---Election petition---Petitioner who lost the election by a narrow margin of 51 votes, had sought re-counting of votes---Validity---Mere narrow margin of votes could not be made basis for recount of votes---Petitioner though had claimed that he was unofficially declared winner by Returning Officer, but in support of his said claim he failed to produce any convincing evidence---No reason was advanced by petitioner as to why Returning Officer wanted to favour the respondent/returned candidate---Presumption of correctness was attached to record prepared by Returning Officer and it was the duty of petitioner to prove through solid evidence that same was fabricated, but petitioner had failed to do so---In absence of strong evidence it could not be said that returned candidate with the connivance of Returning Officer had tilted result in his favour---Petitioner had accepted order of Returning Officer whereby his application seeking recount of votes was accepted to the extent of rejected votes only and he participated in said recounting of rejected votes which was stopped on the request of petitioner himself--­Evidence produced by petitioner was vague and general in nature which did not inspire any confidence as against documentary evidence available against him--Recount of votes could not be ordered, in circumstances. Muhammad Asim Kurd alias Gailoo v. Nawabzada Mir Lashkari Khan Raisani and 11 others 1998 SCMR 1597; Sh. Iftikhar-ud-Din and another v. District Judge, Bahawalpur Exercising powers of Election Tribunal for Union Council of District Lodhran and 8 others 2002 SCMR 1523; Muhammad Iftikhar and another v. District and Sessions Judge, Faisalabad and 7 others 2003 CLC 254; Haji Abdul Rehman Khan v. Returning Officer and 6 others 1997 CLC 1123; Muhammad Tariq Zakhmi and another v. Election Tribunal/District and Sessions Judge, Hafizabad and 13 others 2002 MLD 284; Abdul Majid .v. Election Tribunal 1993 MLD 2523; Chaudhry Muhammad Din v. Abdul Qayyum and 16 others 1987 SCMR 324; Mian Ejaz Shaft v. Syed Ashraf Shah, 1st Additional Sessions Judge, Karachi and Returning…

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