Law:

Section:

(a) North-West Frontier Province Local Government Elections Rules, 2000--------R. 40(6)---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Recount of votes by Returning Officer---Scope---Making application to Returning Officer was a prerequisite for ordering recount---Duty of Returning Officer to make speaking order on such application giving grounds regarding its reasonableness---In absence of application for recount, Returning Officer had no authority to undertake exercise of recount of votes. (b) North-West Frontier Province Local Government Elections Rules, 2000--- ----Rr. 40(6). 81(d) & 84(a)---Constitution of Pakistan (1973), Art. 199--Constitutional petition---Election of Nazim and Naib-Nazim--- Change of result by Returning Officer after recount of votes in absence of application by any contesting candidate---Election Tribunal declared election void and ordered re-election instead of declaring petitioners as duly elected, who had been declared as returned candidates after original count---Validity---Returning Officer had no authority to order recount the votes in absence of any application for the same---In absence of such application and order of Returning Officer thereon, conclusion of Tribunal that there was no application within meaning of R.40(6) of North-West Frontier Province Election Rules, 2000, would not warrant any interference in Constitutional jurisdiction---Generally, first result should have been declared as valid, if recount was to be declared void--­Tribunal had detected flaws in original count and at the time of recount---­Statement of Returning Officer showed that many changes had been made in recount of most of the polling stations---Margin of difference in votes between winner and runners-up in first count and in recount being very small, Tribunal in all fairness had rightly declined petitioners as returned candidates---Decision of Tribunal to declare election as a whole void did not call for any interference---High Court dismissed Constitutional petitions. S. Masood Kausar, Bar-at-Law for Petitioners. Qazi Muhammad Anwar and Muhammad Alam Khan for Respondents. Date of hearing: 1st April, 2003. JUDGMENT…

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