Law:

Section:

(a) Representation of the People Act (LXXXV of 1976)-------S. 39(6)---Consolidation of results---Candidate was declared as returned candidate in the unofficial result announced by Election Commission, which was established from the applications filed by the aggrieved candidates before the Returning Officer and the order of re­checking/re-count passed thereon---Forms XIV prepared by the respective Presiding Officers on the basis of the counting of votes were in order and no one had raised any objection qua them---Form XVI (consolidation statement of the count of result) based on Form XIV prepared by Presiding Officers was duly signed by the Returning Officer---Returning Officer, after having signed the said Form had become functus officio and the withholding of consolidated statement of result by him was not justified on any ground, to say the least that other candidates had filed applications for re-count---Proceedings carried out subsequently were coram non judice and void ab initio---Petition for leave to appeal was converted into appeal by Supreme Court and order of Returning Officer for rechecking/recount of ballot papers, including the proceedings of re-checking/recount were set aside and Returning Officer was directed to transmit the consolidated statement of result (Form XVI) to the Election Commission of Pakistan for formal announcement of result of election. Ghani-ur-Rehman v. Pir Haider Ali Shah 1997 CLC 1092; Pervaiz Akhtar v. District Returning Officer PLD 2006 Lah. 29; Emmanual Masih v. The Punjab Local Councils Election Authority and others 1985 SCMR 729; Rehmatullah and others v. Saleh Khan and others 2007 SCMR 729; Punjab Workers' Welfare Board, Government of Punjab and Human Resources Department, Lahore v. Mehr Din 2007 SCMR 13; Muhammad Tariq Khan v. Khawaja Muhammad Jawad Asami 2007 SCMR 818 and All Pakistan Newspapers Society v. Federation of Pakistan and others PLD 2004 SC 600 ref. (b) Void order-------When the basic order' is without lawful authority and void ab initio, then the entire superstructure raised thereon falls on the ground automatically. Yousaf Ali v. Muhammad Aslam Zia PLD 1958 SC 104 ref. Mehdi Abbas Khan v. Rana Muhammad…

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