Law:

Section:

Punjab Local Government Elections Rules, 2000-------Rr. 70 & 78---Constitution of Pakistan (1973), Art. 199--­Constitutional petition---Recounting of votes---Conditions for---Powers of Election Tribunal---Scope---Petitioner could not seek the recount of the votes as a right and Election Tribunal could not direct the recount as a matter of course---Necessary conditions for the recount of votes were that there must be specific factual foundation laid down in the election petition; that it should be stated with accuracy as far as possible, the Polling Station, if more than one, at which, the misconduct and nature thereof had been committed in the count at the time of close of polls; not only that there should be some material in support of the facts stated in the petition, such as the affidavit of those, who were present at the time of counting of votes and had reported that incident to the candidate who was aggrieved of counts or any other material such as the statement of counts, prepared by Presiding Officer and handed over to the Polling Agents of the candidates or the consolidated statement prepared by Returning Officer showing prima facie an error in the count---Such material coupled with the factual foundation in the election petition would enable the Election Tribunal for assessing the genuineness and reasonableness of the request made in that behalf, otherwise, it would mean that any losing candidate, who, for good or bad reasons, would feel dissatisfied with counting on the basis of his sophistry about the counting, could apply to the Tribunal and Tribunal not only on the basis of any prima facie proof, in its own whim and caprice would decide the fate of the request of recounting---Such was not only against the norms of the exercise of the discretion, but also against the very principle that the recount should not be directed as a matter of right and course---Request for recount should not be allowed with the object to fish for the error in the recounting, even if the final and positive evidence were the ballot-­papers themselves---Case being not fit for recount where Tribunal should have exercised its discretion in respect thereof, Constitutional…

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