Law: Representation of the People Act, 1976

Section: 52,33,34,35,38,38(4),39(3),39(5),39(6),4 0,42,46,46(1),46(2),53,54,55,56,57,58,59 ,60,61,62,63,64,65,66,67,68,69,70,70(a), 71,72,73,74,75,76,77,107,7,7(4),8,9,10,1 1,12,14,15,16,17,18,19,20,21,22,26,27

Law: Representation of the People Act, 1976

Section: 52,33,34,35,38,38(4),39(3),39(5),39(6),4 0,42,46,4

Law: National and Provincial Assemblies (Elections) Rules, 1970

Section:

Law: Representation of the People (Conduct of Elections) Rules, 1977

Section:

(a) Representation of the People Act (LXXXV of 1976)-------Ss. 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22, 26, 27, 29, 30, 39, 107, 70(a) & 67(d)---Representation of the People (Conduct of Election) Rules, 1977, R.26---National and Provincial Assemblies (Elections) Ordinance (XVII of 1970), S.37---Manual of Instructions (Issued by Election Commission of Pakistan) Paras.108-114---Constitution of Pakistan (1973), -Art.218---Election petition---Holding of elections---Challenge to---Non-compliance of statutory provisions---Counting of invalid ballot papers in favour of returned candidate---Valid ballot papers not counted in favour of unsuccessful candidate---Effect---Powers of Election Tribunal to declare election as a whole void---Duties of Returning Officer---Scope---Petitioner, vide election petition sought that election for respondent (returned candidate) be declared null and void and also that petitioner be declared as elected from the concerned constituency---Petitioner alleged that declaration of respondent as returned candidate was result of illegal and corrupt practices and non-compliance of statutory provisions by statutory officials---Petitioner sought production, inspection and examination of ballot papers, particularly those declared invalid and rejected and it was pleaded that since difference of votes was of 467 only, therefore, rejection of a large number of votes cast in favour of petitioner and those invalid votes counted in favour of respondent might determine the fate of poll which, according to petitioner, was materially affected by reason of failure of Presiding Officer/Returning Officer in performing their duties in accordance with law---Petitioner contended that during course of counting, it was observed that numerous ballot papers did not bear official seal and signatures of Presiding Officer; that despite objection the said ballot papers were counted in favour of respondent; that during course of counting there were many ballot papers whereupon intention of voter was obvious as stamp on more than half of portion thereof was within space containing the name and symbol of petitioner but said ballot papers were treated as…

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