Law: Civil Procedure Code (V of 1908)

Section: O.XIV,r.5

Law: Civil Procedure Code (V of 1908)

Section: O.XIV,r.5

Law: Punjab Local Government Election Rules 2005

Section: 35

(a) Civil Procedure Code (V of 1908)-------O. XIV, R.5---Issues, recasting of---Principles---When parties enter into trial of case with all awareness of controversy between them, framing or non-framing of issue loses importance. Fazal Muhammad Bhatti and another v. Mst. Saeeda Akhtar and 2 others 1993 SCMR 2018 rel. (b) Punjab Local Government Elections Rules, 2005--- ----Rr. 35 & 71---Constitution of Pakistan (1973), Art.199---Constitutional petition---Recounting of ballot-papers---Recording of evidence---Respondents being unsuccessful, assailed the result of election before Election Tribunal---After recording of evidence, Election Tribunal directed for recount of ballot-papers, resultantly, respondents were declared as returned candidates---Validity---Besides lawful reasons which weighed with Election Tribunal in order of recount of ballot-papers, no doubt Presiding Officer of disputed polling station issued two different results, one was in Form XIII, wherein petitioners were shown to have secured 342 votes and respondents were mentioned to have 513 votes, whereas other result count was brought on file which showed votes of petitioners as 242 and those of respondents as 613---Presiding Officer of the polling station was examined as witness before Tribunal who categorically deposed that latter result for the office of Nazim/Naib Nazim was prepared by him and was under his signatures---Presiding Officer also stated that the later correctly reflected the result of disputed polling station---Such witness, though was cross-examined by petitioners in two lines but they did not confront their own result and opted to produce it at the time of closing their evidence, in the statement of their counsel---Correct conclusions were drawn by Election Tribunal without committing any error of law/facts, as there was sufficient material on record justifying recount of ballot-papers---Since there was sufficient evidence/material on record justifying recount of ballot papers, no case for interference in constitutional jurisdiction was made out---Even otherwise, a lawful decision within the ambit of conferred jurisdiction could not be substituted in constitutional…

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