Law:

Section:

Representation of the People Act (LXXXV of 1976)-------S. 52---Constitution of Pakistan (1973), Arts.199 & 225---. Constitutional petition---Petitioner was declared elected as per result tabulated by Returning Officer, but subsequently result was revised by the Returning Officer anti according to the revised statement of count opposing candidate who got more votes was declared successful and Election Commission of Pakistan issued a notification declaring him to be returned candidate---Petitioner contended that Election Commission of Pakistan could not have directed the Returning Officer to retabulate the results and only recount could have been ordered---Validity---Election Tribunals having been constituted, all matters pertaining to the result of election were to be dealt with 'by Election Tribunal so constituted as ordained under Art. 225. of Constitution of Pakistan (1973)---Pure question of fact being involved in the case, same could better be resolved in the election petition before Election Tribunal---Constitutional petition was disposed of with observation that petitioner could approach Election Tribunal by filing election petition in which he could raise all legal and factual objections including one raised by him in the Constitutional petition. Ghulam Mustafa Jatoi v. Additional District and Sessions Judge/Returning Officer 1994 SCMR .1299; Sardar M. Jamal Khan Leghari v. Sardar Zulfiqar Ali Khan Khosa PLD 1997 Lah. 250; Ch. Nazir Ahmed. and others v. Chief Election Commissioner and 4 others PLD 2002 SC 184 and Election Commission of Pakistan v. Javaid Hashmi and others PLD 1989 SC 396 ref. Muhammad Ahm-ed Qayyum for Petitioner. Iftikhar Hussain Shah, S.O. for Respondent No. 1. Sh. Muhammad Akram for Respondent No.2 Date of hearing: 28th October, 2002. JUDGMENT The petitioner on the one hand and private respondents on the other contested election to the seat of Provincial Assembly (Punjab) PP­205 (Multan XII). According to the petitioner as per result tabulated by the Returning Officer on .12-10-2002 and announced by respondent No.2 .he was declared elected with 25,293 votes while the tally of respondent No.3 was 25135 votes. This result was…

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