| Citation(s) |
|---|
| 2002 SLG 1554 2002 SLD 1554 2002 SCMR 1995 |
Supreme Court of Pakistan
Civil Petition No. 1023-L of 2002, decision dated: 18-04-2002. (On appeal from the judgment dated 31-1-2002 passed by the Lahore High Court, Lahore in Writ Petition No. 19911 of 2001)
ABDUL HAMEED DOGAR AND FAQIR MUHAMMAD KHOKHAR, JJ
Ch. Naseer Ahmed Bhutta, Advocate Supreme Court and Syed Abul Aasim Jafri, Advocate-on-Record (absent) for Petitioners. Nemo for
Respondents
Civil Petition No. 1023-L of 2002, decision dated: 18-04-2002. (On appeal from the judgment dated 31-1-2002 passed by the Lahore High Court, Lahore in Writ Petition No. 19911 of 2001)
ABDUL HAMEED DOGAR AND FAQIR MUHAMMAD KHOKHAR, JJ
Ch. Naseer Ahmed Bhutta, Advocate Supreme Court and Syed Abul Aasim Jafri, Advocate-on-Record (absent) for Petitioners. Nemo for
Respondents
MUHAMMAD TARIQ ZAKHMI and others
VS
ELECTION TRIBUNAL and others
Law:
Section:
Punjab Local Government Elections Rules, 2000--- ----R.81---Constitution of Pakistan (1973), Art. 185(3)---Election petition--Recounting of ballet papers---Jurisdiction of Election Tribunal---Petitioner was declared returned candidate but election petition filed by the respondent was accepted by the Election Tribunal on the basis of recounting of votes--Respondent was declared successful as 706 valid votes were cast in his favour against the petitioner who secured 687 votes---Order of the Election Tribunal was assailed in Constitutional petition but High Court declined to interfere with the order passed by the Tribunal---Contention of the petitioner was that neither the votes cast on the constituency could be recounted by the Election Tribunal, nor any election petition could be filed beyond the scope of the R.81 of the Punjab Local Government Elections Rules, 2000--Validity---High Court in the had rightly refused to interfere with the recount of the votes and subsequent declaration of the respondent as returned candidate---Where substantial justice had been done between the parties, no case for interference with the passed by High Court had been made out---Supreme Court declined to interference with the passed by High Court---Leave to appeal was refused. JUDGMENT FAQIR MUHAMMAD KHOKHAR, J.---The petitioners seek leave to appeal from order dated 31-1-2002 passed by the Lahore High Court, Lahore in Writ Petition No. 19911 of 2001. 2. The petitioners and respondents Nos.3 and 4 contested the election of Nazim/Naib Nazim of Union Council 43/7, District Gujranwala. The petitioners were notified by the District' Returning Officer as returned candidates for Nazim and Naib Nazim for the said Union Councils. The respondents Nos.3 and 4 filed election petition which was accepted as a result of recounting, by the Election Tribunal, of the ballet papers cast in favour of the…
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