Law:

Section:

(a) Punjab Local Government Elections Rules, 2005-------R. 36(3)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Proceedings for counting of votes---Application for re-counting of votes was allowed---Examination of invalid votes before consolidating the final result---Initial count reversed---Question was as to whether direction made by District Returning Officer to the Returning Officer for looking into invalid votes was violative of Rule 36 of Punjab Local Government Elections Rules, 2005---Rule 36 sub-rule (3) of Punjab Local Government Elections Rules, 2005 had made it mandatory for the Returning Officer to examine the ballot papers excluded from the count by Presiding Officer and if he found that such ballot papers should not have been so excluded he would count said ballot papers as cast in favour of candidate for whom the votes had otherwise been cast---District Returning Officer in his direction, had only required the Returning Officer to carry out his legal duty with regard to consolidation of result under Rule 36(3) of the Rules and consequently Returning Officer had proceeded accordingly---Returning Officer had been debarred by Rule 36(6) of the Rules from re-counting only valid ballot papers unless so directed by the District Returning Officer and not from counting invalid votes---Direction of District Returning Officer, therefore, was not violative of Rule 36(3) of Punjab Local Government Elections Rules, 2005. (b) Punjab Local Government Elections Rules, 2005--- ----R. 65---Constitution of Pakistan (1973), Art.199---Constitutional petition---Maintainability---Rule 65 of Punjab Local Government Elections Rules, 2005 expressly prohibits any election to be called in question except by an election petition before Election Tribunal---Constitutional petition under Article 199 of the Constitution was not maintainable in presence of an alternate and efficacious remedy available under Rule 65 of Punjab Local Government Elections Rules, 2005. Dr. Khalid Ranjha for Petitioner. Malik Noor Muhammad Awan, Muhammad Ramzan Ch. and Najeeb Faisal Ch., Addl.A.-G. for Respondents. Date of hearing: 2nd November, 2005. JUDGMENT SH. ABDUL RASHID,…

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