| Citation(s) |
|---|
| 2002 SLG 1455 2002 SLD 1455 2002 SCMR 1523 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 691 of 2002, decision dated: 28-05-2002
RANA BHAGWANDAS, SYED DEEDAR HUSSAIN SHAH AND ABDUL HAMEED DOGAR, JJ
Mian Allah Nawaz, Advocate Supreme Court, Gul Zarin Kiani, Advocate Supreme Court and Imitaz Muhammad Khan, Advocate-on-Record for Petitioners. Nemo for
Respondents
Civil Petition for Leave to Appeal No. 691 of 2002, decision dated: 28-05-2002
RANA BHAGWANDAS, SYED DEEDAR HUSSAIN SHAH AND ABDUL HAMEED DOGAR, JJ
Mian Allah Nawaz, Advocate Supreme Court, Gul Zarin Kiani, Advocate Supreme Court and Imitaz Muhammad Khan, Advocate-on-Record for Petitioners. Nemo for
Respondents
Sheikh IFTIKHARUDDIN and another
VS
DISTRICT JUDGE, BAHAWALPUR EXERCISING POWERS OF ELECTION TRIBUNAL FOR UNION COUNCIL OF DISTRICT LODHRAN and 8 others
Law:
Section:
(a) Punjab Local Government Elections Rules, 2000--- ----Rr.40(6) & 70---Recounting of ballot papers---Scope---Method and procedure---Each ballot-paper has to be scrutinized by the Tribunal to examine and verify as to whether Presiding Officers of all polling stations had correctly counted the ballot papers or not. (b) Punjab Local Government Elections Rules, 2000-- ----Rr.40(6) & 70---Constitution of Pakistan (1973), Art.185(3)--- Recounting of votes---Election Tribunal without recording any evidence allowed application for recounting of votes---Returned candidates assailed the order of recounting before High Court in Constitutional petition---High Court dismissed the petition and maintained the orders of the Tribunal on the ground that the order of recount was interim in nature---Validity---Judgment passed by High Court, was based on the law laid down by Supreme Court and was in consonance with the provisions of Punjab Local Government Elections Rules, 2000---Where unsuccessful candidates seriously challenged the validity of ballot papers for which proper course for the Tribunal was to examine and recount the ballot papers so that complete justice might be done---High Court had neither done any misreading or non-reading of material on record nor there was any misconstruction of facts and law--Supreme Court declined to interfere with the passed by High Court as no substantial question of law of public importance as contemplated under Art. 185(3) of the Constitution was involved---Leave to appeal was refused. JUDGMENT SYED DEEDAR HUSSAIN SHAH, J. ----Petitioners seek leave to appeal against judgment dated 14-5-2002 passed by the Lahore High Court, Multan Bench, Multan, in Writ Petition No.2527 of 2002. 2. Briefly stated the facts of the case are that Sheikh Iftikhar-ud-Din and Muhammad Hafeez-ur-Rehman petitioners, Rana Muhammad Aslam and Muhammad Tahir Yameen respondents Nos.2 and 3 herein, alongwith others, contested the election to the office of Nazim and Naib Nazim of Union Council No.28. Gagay Wala, Tehsil and District Lodhran. This election was held under Punjab Local Government Elections Ordinance, 2000 (Punjab Ordinance No. V of 2000).…
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