Law:

Section:

(a) Balochistan Local Government Elections Rules, 2000---R. 71---Constitution bf Pakistan (1973), Art. 185(3)---Recounting of votes---Non-affixing of stamp at the place showing symbol of candidate---On disputed ballot papers, instead of affixing stamp at the place showing symbol, the same was affixed in front of the name of the candidate---Plea raised by the election petitioner was that such votes were invalid---Validity---Question of validity or otherwise of the ballot papers could only be determined by ascertaining the intention of voters and in that respect the manner of affixing mark / stamp was material---If the mark or stamp was affixed upon the name of the candidate instead of his symbol, there could not be any hesitation to maintain that the voter had in fact shown his consent to cast vote in favour of the candidate---Affixing of such stamp indicated that the voters had exercised their right of votes in favour of the candidate---Returned candidate had tendered his resignation on the ground that he intended to participate in the General Elections---Such point being vital in nature was not adverted to either by the Election Tribunal or by High Court in their respective orders--¬Supreme Court converted petition for leave to appeal into appeal and set aside the orders passed by Election Tribunal and High Court---Appeal was allowed. Dr. Sher Afgan v. Aamar Hayat Khan and 2 others 1987 SCMR 1987 rel. (b) Balochistan Local Government Elections Ordinance (VI of 2000)--- ---S. 16(2) & (3) [as amended]---Securing 50% of votes ---Pre¬condition---Applicability---Contest of election is singular in nature under S.16(2) of Balochistan Local Government Elections Ordinance, 2000, and no condition of securing more than 50% of total number of votes is specified---Whereas in case of S.16(3) of Balochistan Local Government Elections Ordinance, 2000, the contest is multiple in nature and the condition of securing more than 50 % of total vote of the number of members of union councils in their respective constituencies is maintained. JUDGMENT ABDUL HAMEED DOGAR, J.-----------Petitioners seek leave to appeal against the judgment, dated 28-11-2002 passed by a learned…

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