Law:

Section:

Punjab Local Government Elections Rules, 2000-------Rr. 39, 40 & 42---Constitution of Pakistan (1973), Art.199---Constitutional petition---Declaration of result of election---Clerical error, correction of---Petitioner, according to consolidated statement in Form-XV had polled less votes than respondent and same result was described in Part-I of Form-XVI, prepared by Returning Officer, but in Part-Il of said Form, petitioner was recorded as winning candidate due to similarity, of names of the petitioner and respondent---Respondent applied to the Provincial Election Commissioner contending that he Polled 440 votes and that he was son of Noor Khan; but because of confusion due to similarly of names, petitioner, who was son of Said Khan, had been declared elected---Matter was referred to the Returning Officer, who corrected the record and issued a revised result---Validity---Such being purely a clerical error, Provincial Election Commissioner or Returning Officer by making such correction, had not done anything which could be said to be without lawful authority-Constitutional petition against impugned order, was dismissed. Ch. Ihsan Ahmad for Petitioner. Zafarullah Khan Khakwani, A.A.-G. for Respondent. Malik Muhammad Bashir and Muhammad Aslam Sumra for Respondent No.5. Ghazanfar Ali, Reader to Additional District and Sessions Judge/Returning Officer, U.C. No.38, Meeran Pur, Tehsil Rojhan, District Rajanpur with record. Date of hearing: 22nd November, 2005. JUDGMENT MAULVI ANWARUL HAQ, J.---Shah Muhammad son of Said Khan, petitioner, with the election symbol of "Comb" and Shah Muhammad son of Noor Khan, respondent No.5, with the election symbol "Umbrella" along with .16 others contested elections to the general seats (Male) in U.C. No.38, Tehsil Rojhan, District Rajanpur. The results were consolidated. According to the consolidated statement in Form-XV, the said petitioner had polled 229 votes while the respondent No.5 had polled 440 votes. The same result was described in A Part-I of Form-XVI prepared by the Returning Officer. However, in Part-II of the said Form, it was the petitioner who came to be recorded as one of the four winning candidates to the said…

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