Law:

Section:

(a) Representation of the People Act (LXXXV of 1976)--- ----S.55(1)(b)---Qanun-e-Shahadat (10 of 1984), Arts. 117 & 120---Corrupt or illegal practice---Onus to prove---Where a person alleges illegal and corrupt practices, he has to provide full particulars of such corrupt or illegal practice or illegal act which he alleges to have taken place and also to mention the name of parties alleged to have committed such corrupt or illegal practice or illegal act and date and place of commission of such practice or act---Burden to prove such issue heavily lay on election petitioner to establish allegation of illegal and corrupt practices beyond shadow of doubt giving their full particulars. (b) Representation of the People Act (LXXXV of 1976)--- ----Ss.39, 55 (1) (b) & 70---Corruptor illegal practice---Failure to give details of corrupt or illegal practice---Effect---Recounting of votes---Declaring election as a whole void---Principle---Petitioner assailed election of returned candidate on the ground of use of corrupt and illegal practice during polling and failure of Presiding Officer to recounting of votes---Validity---General and sweeping allegations of corrupt and illegal practice which were not corroborated by other pieces of evidence were nothing but bald and vague assertion which could not be given any weight---Petitioner neither pointed out any illegal or corrupt practice on the part of returned candidate nor pointed any place or time where any alleged corrupt act took place---Petitioner failed to prove such issue and the same was decided against him and in favour of returned candidate---If petitioner wanted to have entire votes recounted by Returning Officer he must have satisfied that his request was reasonable---Vague allegations not containing adequate statement of material facts could not be considered as grounds for recounting which could not be granted as a matter of right---Petitioner did not lead any evidence to establish that Presiding Officer had not counted the votes correctly or that double votes had been counted or even that valid votes of petitioner had been rejected---High Court declined to interfere in election result and the same were…

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