Law: Representation of the People Act, 1976

Section: 103AA,38,39,39(6)

Law: Representation of the People Act, 1976

Section: 103AA,38,39,39(6)

Law: Constitution of Pakistan, 1973

Section: 225

(a) Representation of the People Act (LXXXV of 1976)-------Ss. 38, 39 & 103-AA---Constitution of Pakistan (1973), Arts.199 & 225---Constitutional petition---Allegation of commission of illegalities by Returning Officer while consolidating results---Application for recount of polled votes due to discrepancies found in statement of count in Form XIV and statement prepared by Returning Officer---Dismissal of application by Returning Officer and Election Commission of Pakistan---Validity---Election Commission had no jurisdiction to direct a count or examination of rejected/invalid votes---Question as to whether alleged illegality or violation was grave had nexus with its effect on result of election---Determination of matter of such discrepancy had been left to Election Commission subject to recording of satisfaction within bounds of S.103-AA of Representation of the People Act, 1976---Results of elections had been notified---Election Tribunal had already been constituted---High Court directed petitioner to approach the Election Tribunal in circumstances. Muhammad Ayub v. Election Commission of Pakistan, Islamabad and 7 others PLD 1991 Quetta 51; Ch. Nazir Ahmed and others v. Chief Election Commissioner and 4 others PLD 2002 SC 184 and Election Commission of Pakistan through its Secretary v. Javaid Hashmi and others PLD 1989 SC 396 ref. Faqir Abdul Majeed Khan v. District Returning Officer and others 2006 SCMR 1713 rel. (b) Constitution of Pakistan (1973)--- ----Arts. 199 & 225---Election matter---Constitutional jurisdiction of High Court---Scope---Primarily High Court would not interfere in such matter in view of provisions of Art.225 of the Constitution. Faqir Abdul Majeed Khan v. District Returning Officer and others 2006 SCMR 1713 ref. Jehanzeb Khan Bharwana and Imtiaz Rashid Siddiqui for Petitioner. Dr. Z. Babar Awan for Respondent No.4. Nemo for other Respondents. Date of hearing: 6th March, 2008. JUDGMENT MAULVI ANWARUL HAQ, J.--- The petitioner contested elections to a National Assembly seat in NA-69 Khushab, District Khushab. At the close of polls, the respondent No.4 was declared returned with 61076 votes with the petitioner following in…

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