Law:

Section:

(a) Representation of the People Act (LXXXV of 1976)-------S. 52---Constitution of Pakistan (1973), Arts.199 & 225--­Constitutional petition---Re-counting of votes---Petitioner having been declared returned, respondent who remained unreturned only by one vote challenged elections through election petition---Election Tribunal ordered recounting of votes and as a result of recount number of votes of respondent/unreturned candidate were found to be 494 while those of petitioner/returned candidate found to be 457 after rejection of respective votes and consequently respondent candidate was declared elected instead of petitioner who initially was declared elected---Validity---No reason was recorded by Election Tribunal either in daily order-sheet or in the itself as to why Election Tribunal proceeded to reject five votes of respondent and 43 votes of the petitioner---Election Tribunal had proceeded in a very casual and callous manner while deciding such a sensitive question and did not adopt proper procedure for recounting votes---High Court set aside of Election Tribunal with direction that election petition filed before Election Tribunal would be deemed to be pending and Election Tribunal after summoning the parties would conduct recount of votes in the manner as directed by superior Courts. (b) Representation of the People Act (LXXXV of 1976)--- ----S. 52---Recounting of votes---Requirements. Following are the requirements for recounting of votes:-. (i) The relevant records (bags) to be summoned and to be opened in presence of the parties and their counsel unless the counsel or the party makes an express statement that the process be continued in absence of the counsel or the parties as the case may be. (ii) The outcome of the recount to be noted in detail in daily order-­sheet. (iii) If a valid ballot paper is determined to be an invalid by the Election Tribunal, the reason to be stated. as to why it has been so declared invalid. (iv) If an invalid ballot paper is determined to be a valid ballot paper, the reason to be stated fdr the said determination. (v) Upon. conclusion ,of the said proceedings, the counsel as well as the. parties-present to be asked to…

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