Law:

Section:

(a) Sindh Local Government Elections Rules, 2005-------R. 30(b)(ii)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Voter has to put the mark and rubber stamp on the ballot paper at the place within the space containing the symbol of contesting candidate of his choice---Rule 30(b)(ii) of the Local Government Elections Rules, 2005 does not permit the voter to mark the stamp twice in such manner that its impression appears against the name of another candidate---Such double stamped votes are spoiled votes and were rightly excluded from the count by the Election Tribunal. (b) Sindh Local Government Elections Rules, 2005--- ----R. 36---Constitution of Pakistan (1973), Art.199---Constitutional petition---Counting and recounting of the votes is confined to the ballot papers which are detached from the counterfoils and given to the voter---Provision of R.36, Local Government Elections Rules, 2005 pertains to the count of ballot papers/votes and does not include the examination and counting of counterfoils. Raza Hashmi for Petitioner. Imdad Ali Awan for Respondents. Ghulam Dastagir Shahani, Addl. A.-G. ORDER AMIR RANI MUSLIM, J.---Through this petition, the petitioner has impugned the order, dated 3-4-2006 passed by the learned respondent No.4 by which he has declared the respondent No.1 as 'Returned' Candidate in the Election Petition No.1 of 2005 filed by him on the basis of the result of the recount. The facts as they appear from the pleadings of the parties are that the respondent No.1 contested election for the office of Taluka Nazim Taluka Bharia District Naushahro Feroze, against the petitioner and other respondents 6 to 10. The record shows that the respondent No.1 at the scrutiny stage had objected to the eligibility of the petitioner to contest the election before the Returning Officer which objection was overruled by the Returning Officer and such order was affirmed by the Appellate Forum. The elections were held and its results were announced on 6-10-2006 and the petitioner was declared as Returned Candidate. The petitioner according to the election results had secured 63 votes as against the respondent No.1 who had secured 62 votes.…

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