Law:

Section:

(a) Representation of the People Act (LXXXV of 1976)-------Ss. 39, 46 & 52---Election petition---Recount, prayer for---Petitioner alleged that Presiding Officer had disallowed his polling agents from participating in election process and in the count---Validity---Petitioner had examined neither any of his polling agents to establish such allegation nor Presiding Officer against whom such allegation was levelled--­Petitioner had not disclosed in election petition or in evidence names of his poling agents, who were refused to enter polling stations or participate in the count or names of Presiding Officers allegedly to have committed such illegality---Registered votes in disputed polling station were less than 600, out of which petitioner had secured 82 votes, while returned candidates had secured 265 votes---Difference of votes secured by returned candidate was more than 1300, thus, no material change would have been resulted, if recount was ordered---Petitioner had failed to show any discrepancy in number of votes of Forms XVI to XVIII, which could warrant recount---Returning Officer had deposed not to have received any complaint during election from petitioner or his agent either orally or in writing nor independent application for recount prior to consolidation of results, except copy of representation made to Chief Election Commissioner for recount---Allegations in such representation were of general nature and no specific instance had been given nor same had been substantiated by placing any material before Election Tribunal---Petitioner had failed to discharge burden to prove such allegations and establish essential grounds for recount---No case for recount was mad out---Election Tribunal dismissed the petition. Muhammad Shabbir Abu Talib v. Dr. Abdul Aziz Bantwa 2003 YLR 3039 and Muhammad Ahmed Siddiqui v. Zamir Ahmed Tunio 2003 CLC 1224 ref. Abdul Hafeez Khan v. Muhammad Tahir Khan Loni 1999 SCMR 284 distinguished. (b) Representation of the People Act (LXXXV of 1976)--- ----S. 46---Recount by Election Tribunal or Returning Officer---Scope and proof---Recount could not be ordered as a matter of right in absence of sufficient material for such…

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