Law:

Section:

(a) Sindh Local Government Elections Rules, 2005--- ----R. 67---General Clauses Act (X of 1897), S.24-A---Election petition---Order of Election Tribunal allowing application for re-counting of votes---Non-incorporation of arguments of one counsel in such order---Effect---Mere such fact could not be made a ground to declare such order as nullity, unless the order ex facie was without reasons. (b) Sindh Local Government Elections Rules, 2005--- ----R. 67---Constitution of Pakistan (1973), Art.199---Constitutional petition---Election of Taluka Nazim---Election petition---Corrupt practice and disqualification of returned candidate, grounds of---Re-counting of votes, application for---Acceptance of such application by election Tribunal while keeping pending election petition---Validity---Mere disposal of such application would not deprive petitioner from agitating other grounds raised in election petition in case if he failed to succeed on basis of re-count---Laws did not debar Election Tribunal from passing such order---High Court dismissed constitutional petition in circumstances. Words & Phrases by Mian Muhibullah Kakakhel Vol. II, Edn. 1996 and Messrs Airport Support Services v. The Airport Manager, Quaid-e-Azam International Airport, Karachi and others 1998 SCMR 2268 ref. Muhammad Naeem Kasi and another v. Abdul Latif and 7 others 2005 SCMR 1699 distinguished. Sheikh Iftikhar-ud-Din and another v. District Judge, 2002 SCMR 1523 and Moula Bux v. Muhammad Rahim 2003 CLC 310 rel. JUDGMENT AMIR HANI MUSLIM, J.---The petitioner has impugned the order of the respondent No.4 whereby he has allowed the application of the respondent No.1 in Election Petition No.1 of 2005 for re-count of votes filed by him against the Petitioner and others. The facts as they appear from the pleadings of the parties are that the petitioner and respondents Nos. 1 and 2 contested the Sindh Local Bodies Election for the office of Taluka Nazim Bhiria. The results were announced on 6-10-2005 and the petitioner was declared as returned candidate. The petitioner according to the results had secured 63 votes as against the respondent No.1 who secured 62 votes. The record reveals that on…

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