Law:

Section:

Punjab Local Government Elections Rules, 2000-------Rr. 39, 40 & 70---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Preparing fresh consolidated statement excluding earlier statement of count and declaring unsuccessful candidates as returned candidates---Returning Officer on receiving result from all Polling Stations including disputed Polling Station, prepared a consolidated statement in Form No. XV under R. 40 of Punjab Local Government Elections Rules, 2000 wherein petitioners were shown to have secured maximum votes and petitioners were declared returned candidates---Returning Officer had admitted said consolidated statement to have been issued by him and its transmission to District Returning Officer according to rules---Subsequently, on application of respondents/ unsuccessful candidates filed by them alleging that statement of count remitted by Presiding Officer of disputed Polling Station was tampered with, Returning Officer prepared a fresh consolidated statement excluding earlier statement of count of said Polling Station in which votes of petitioners were reversed---Returning Officer declared respondents/unsuccessful candidates as returned candidates instead of petitioners on basis of said revised statement of counts---Validity---No provision was available in Punjab Local Government Elections Rules, 2000 or Punjab Local Government Ordinance, 2001 authorising Returning Officer to change his consolidated statement on whatever ground---Returning Officer or Presiding Officer after publication of result of election in Gazette, would become functus officio and only remedy available was that of filing of Election Petition under R. 70 of Punjab Local Government Election Rules, 2000---Entire exercise of entertaining applications of respondents/unsuccessful candidates and from Presiding Officer with regard to alleged tampering of record and recording of statement without notice to all contesting candidates in terms of R.40(2) of Punjab Local Government Election Rules, 2000, was absolutely unwarranted, illegal, unauthorized and of no legal consequence---High Court accepting Constitutional petition filed by petitioners/Returned…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492