Law:

Section:

Representation of the People Act (LXXXV of 1976)---------Ss. 52, 68, 69 & 103(AA)---Jurisdiction of Election Tribunal--­Election dispute within the meaning of S.52 read with Ss.68 & 69 of Representation of the People Act, 1976 would fall within the exclusive jurisdiction of Election Tribunal to be appointed for the said purpose by the Election Commission---Mistake whether bona fide or unintentional on the part of the Returning Officer or any other functionary of Election Commission if found apparent on record tending to defeat the object of holding just, fair and transparent election and resulting in disclosing incorrect result would not be deemed to be an election dispute---Election Commission had jurisdiction to correct or rectify such mistake apparent on face of record. Emmanual Masih v. The Punjab Councils Election Authority and others 1985 SCMR 729; Utility Stores Corporation of Pakistan Ltd. v. Punjab Labour Appellate Tribunal PLD 1987 SC 447; Shaikh Mushtaq Ali, Advocate v. Khalid Anwar and others 1988 CLC 1138; Muhammad Yousaf v. The Government of Pakistan and others 1992 SCMR 1748; Gholam. Mustafa Jatoi v. Additional District Judge. and others 1994 SCMR 1299; Ch. Nazir Ahmed and others v. Chief Election Commissioner and others PLD 2002 SC 184; Government of Pakistan v. Sikandar Khan and others PLD 1987 Pesh. 68; Election Commission of Pakistan v. Javaid Hashmi PLD 1989 SC 396; Messrs Middle East Bank Ltd. v. Zubair Ahmed Khan Afghani 1990 MLD 908; Syed Muhammad Khalilur Rehmati Chishti v. Shamshad Khan and others 1993 MLD 1225; Muhammad Ayoob v. Election Commission of Pakistan PLD 1991 Quetta 51; Darayus Pestonjj v. Namsing and 2 others 1998 CLC 921 and Abdul Waheed Zaman Qureshi v. The Election Authority and others 1999 CLC 112 ref. Muhammad Akram Shaikh, Abrar Hassan and Fareed A. Dayo for Petitioner. Nadeem Azhar Siddiqui, Dy. A.-G. for Respondent No.2. Raja Qureshi, A.-G., Sindh for Respondents Nos.3 to 5. Aitzaz Ahsan and Raza Ali Hashmi for Respondent No.6. JUDGMENT GHULAM RABBANI, J.-----Petitioner filed this petition on 24-10-2002 with the following prayers:-- (i) Declare that after issuance of a Gazette Notification declaring the…

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