Law: North West Frontier Province Local Government (Conduct of Elections) Rules, 2005

Section: 29,30(2)(iii),35(4)(iii)(b),proviso,67(4 )

Law: Civil Procedure Code (V of 1908)

Section: O.VI,R.17

Law: Constitution of Pakistan, 1973

Section: 199

(a) North-West Frontier Province Local Government (Conduct of Elections) Rules, 2005--- ---Rr. 29, 30(2)(iii), 35(4)(iii)(b), proviso & 67(4)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ballot paper---Rubber stamp both in column of name and in column of symbol---Stamp in column of name instead of column of symbol---Effect---"Official mark"---Connotation---Secrecy of ballot---Intention of voter---Philosophy and object---Petitioners secured equal votes in election to the office of Nazim and Naib Nazim---One petitioner who was aggrieved by opinion of Provincial Election Commissioner whereby his one vote was excluded from counting on ground that rubber stamp was affixed not in column of symbol but in column of name, called in question the finding of Election Commissioner through constitutional petition---Other petitioner challenged another vote cast and counted in favour of first petitioner on ground that rubber stamp was affixed in column of symbol as well as in column of name of said petitioner---Validity---Question of validity or invalidity of ballot papers was only to be determined by ascertaining the intention of voters and in that respect the manner of affixing mark/stamp was material---Mark or stamp, if affixed upon the name of candidate instead of his symbol, meant that voter had in fact shown his consent to cast vote in favour of the candidate---Mark or stamp where affixed upon column of symbol as well upon column bearing. name of candidate manifested the intention of electors in an ambiguous but in clear terms---Under R.35, N.-W.F.P. Local Government (Conduct of Elections) Rules, 2005, Presiding Officer was to exclude such ballot papers which contained any writing or any mark other than official mark and the mark of marking aid rubber stamp or to which a piece of paper or any other object of any kind had been attached---Wisdom behind R.35(4)(iii)(b) of the Rules was that identity of the voter was not to be disclosed and secrecy of election was maintained---Ballot paper in question though carried two stamps one in column of name and other in column of symbol, yet this ballot paper did not contain any writing nor any mark…

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