Law: Punjab Local Government Election Rules 2005

Section: 25,24,

Law: Punjab Local Government Election Rules 2005

Section: 25,24,

Punjab Local Government Elections Rules, 2005-------R. 25---Constitution of Pakistan (1973), Art.199---Constitutional petition---Re-polling on certain Polling Stations---Presiding Officer could stop the Poll and inform the Returning Officer of his having done so, in case the poll at his Polling Station had been interrupted/obstructed for the reasons beyond his control and same could not be resumed during the polling hours or any ballot box used at the Polling Station was unlawfully removed or was accidentally/intentionally destroyed, lost, damaged or tampered with to such extent that result of the poll could not be ascertained---In absence of any interruption/obstruction in the poll or removal/damage of ballot boxes, re-poll could not have been ordered merely on the ground that vote turn up, at certain Polling Stations had been abnormal---Since the law applicable had not prescribed any average of turn up of votes, re-poll on that basis could not be justified---Re-poll at concerned Polling Station, being not covered by R.25 of Punjab Local Government Elections Rules, 2005, same could not have been ordered in circumstances. S.M. Masud for Petitioners. Ch. Muhammad Sadiq, Addl. A.-G. for Respondents Nos.1 to 3. Maqbool Elahi Malik for Respondents Nos.4 and 5. Date of hearing: 13th October, 2006. JUDGMENT MUHAMMAD MUZAMMAL KHAN, J.--- Instant constitutional petition prayed that order dated 31-8-2005 passed by the Chief Election Commissioner (respondent No.1) to be declared illegal, void and of no legal consequence,' whereby re-poll of Polling Stations Nos. 1 and 11 of Union Council-56, District Sheikhupura, was directed.' 2. Petitioners contested the local bodies elections held on 25-8-2005 for the offices of Nazim/Naib Nazim of Union Council-56 Bahuman, District Sheikhupura. Constituency of Union Council-56 Bahuman was allocated 11 poling stations. On the election day voting was reported interrupted at Polling Stations Nos.6, 7 and 9 and the Returning Officer on 25-8-2005 ordered re-poll of these three polling stations. Respondents Nos.4 and 5 who were opposing candidates of the petitioners having secured comparatively less votes on Polling Stations Nos. 1 and 11,…

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