Law:

Section:

Punjab Local Government Elections Rules, 2005-------Rr. 32(2) & 35(5)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Recounting of votes---Recounting of votes could not be claimed by an unsuccessful candidate as a matter of right nor such request was required under law to be allowed with an object to fish out the error in recounting---Recounting of ballot, could be ordered when a case in that respect was made out---Returning Officer or the Election Tribunal, when felt satisfied that the controversy through evidence on the available record could not be decided, a recourse to recounting was made---Wide difference between two counts, in rejection of valid votes and count of invalid votes, justified the Election Tribunal to order recounting---Election Tribunal decided to re-count, after thorough appraising the evidence of the parties and illegalities committed in course of recounting of votes---Such conclusion which was neither perverse nor illegal and. was rather according to the settled law, did not call for interference by the High Court in exercise of its constitutional jurisdiction. Ch. Fateh Jang v. Punjab Election Commission and others 1996 CLC 1574; Ghulam Hussain and another v. Attiq-ur-Rehman Awan and 5 others PLJ 2007 Lah. 340; Pervaiz Bashir Warriach and another v. Election Tribunal/District and Sessions Judge, Mandi Baha-ud-Din and 4 others 2006 CLC 1407; Mian Ejaz Shafi v. Syed Ashraf Shah, 1st Additional Sessions Judge, Karachi and Returning Officer, Karachi West-I and 12 others 1996 SCMR 605; Sardar Abdul Hafeez Khan v. Sardar Muhammad Tahir Khan Loni and 13 others 1999 SCMR 284 and Col. (Retd.) Syed Mukhtar Hussain Shah v. Wasim Sajjad and 30 others PLD 1986 SC 178 rel. Azam Nazeer Tarar for Petitioners. Ch. Fawad Hussain and Muhammad Asif Ismail for Respondents Nos.2 and 3. ORDER SYED HAMID ALI SHAH, J.--- The facts giving rise to this constitutional petition are that the petitioners were declared as retuned candidates for the seats of Nazim and Naib Nazim of Union Council No.235, Iqbal Town, Faisalabad. The petitioners secured, as per Form-XV, 2061 votes while respondents Nos.2 and 3 secured 2031. Recounting, under the…

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