| Citation(s) |
|---|
| 2007 SLG 3093 2007 SLD 3093 2007 PLJ 168 |
Lahore High Court
W.P. No. 17196 of 2005, decided on 2.11.2005.
SH. ABDUL RASHID, J.
Dr. Khalid Ranjha, Advocate for Petitioner. M/s. Malik Noor Muhammad Awan Muhammad Ramzan Ch., Advocates and Mr. Nayub Faisal Ch. AAG. for
Respondents
W.P. No. 17196 of 2005, decided on 2.11.2005.
SH. ABDUL RASHID, J.
Dr. Khalid Ranjha, Advocate for Petitioner. M/s. Malik Noor Muhammad Awan Muhammad Ramzan Ch., Advocates and Mr. Nayub Faisal Ch. AAG. for
Respondents
FAQIR ABDUL MAJEED KHAN
VS
DISTRICT RETURNING OFFICER, MIANWALI and 4 others--Respondents
Law:
Section:
(i) Punjab Local Government Election Rules, 2005- ----Rr. 35(15), 36(3)--Consolidation of results--After the close of the proceedings the Presiding Officer was required to close the packets, statement of the count and the ballot paper account prepared by him to be sent to the Returning Officer together with such other record as Returning Officer might direct--It was mandatory for the Returning Officer to examine the ballot papers excluded from the count by Presiding Officer and if he found that any such ballot papers should not have been so excluded he would count it as a ballot paper cast in favour of the candidate for whom the vote had been cast--While consolidating the results the Returning Officer was obliged to examine and decide the fate of invalid ballot papers and he appeared to had carried out his legal duty. (ii) Punjab Local Government Election Rules, 2005- ----R. 65--Constitution of Pakistan, Art. 199--No election should be called in question except by an election petition made by a candidate for that election--All the questions which had been raised could be validly urged in the election petition before Election Tribunal--Petition dismissed. Judgment This detailed judgment is in continuation of my short order dated 2.11.2005 whereby this petition has been dismissed. 2. The facts leading to the institution of this petition are that Faqir Abdul Majeed Khan petitioner and Respondents Nos. 3 to 5 contested election of Tehsil Nazim Piplan Distt. Mianwali held on scheduled date. The Presiding Officer issued the following result: NAME SYMBOL VOTES Faqir Abdul Majeed Khan Pirch Piali 66 Faisal Mahmood Khan Boat 01 Ghiyas Mehdi Khan Flying Eagle 23 Malik Muhammad Feroze Joya Umbrella 61 26 votes which did not bear the prescribed mark of the rubber stamp provided by the Presiding Officer and instead were encircled in different style were excluded from the count being invalid. Out of the said 26 invalid votes, 13 had been cast in favour of Malik Muhammad Feroze Joya Respondent No. 5 and 5 had been cast in favour of the petitioner. The Presiding Officer/Respondent No. 2 handed over the statement of the above Count to the agents of the contesting candidates.…
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