Law: Sindh Local Government Elections Rules, 2005

Section: 30(6)(ii),35(4)(ii)(d,e)

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Sindh Local Government Elections Rules, 2005--- ----Rr. 30(6)(ii) & 35(4)(ii)(d & e)---Constitution of Pakistan (1973), Art.185(3)---Ballot paper---Double stamp mark---Innocent/inadvertent act of voters-Determination-Principles-Dispute was between the candidates for the seat of Taluka Nazim---Petitioner was declared returned candidate after elections but on recounting his certain votes were rejected having double stamp, thus respondent was notified to be the returned candidate---Plea raised by petitioner was that affixing of double stamp did not make a ballot invalid---Contention of respondent was that such double stamp was to disclose the identity of voter, hence such ballot papers were rightly rejected---Validity---Ballot paper which bore double stamp mark of official rubber stamp would, be valid or admissible, if there was nothing to presume that such double stamping was done with the intention on the part of voter to disclose his identity with some pre-arrangement or manipulation with candidate---Whether double stamping of ballot paper in dispute was an innocent and inadvertent act of voter or was done with an intention to disclose his identity, reference would have to be made to the status, education and intellectual faculties etc. of voters in question---Such double stamping of a ballot paper by a voter who was matriculate, could not by any imagination be held to be an innocent act merely done on account of exuberance and eagerness of voters for the success of petitioner or for emphasizing or clarifying voter's choice of candidate---Election Tribunal and High Court were justified in declaring ballot papers bearing double stamping of official rubber stamp as invalid ballot papers and discarding them from count---Judgment passed by High Court did not suffer from any illegality or infirmity calling for interference by Supreme Court---Leave to appeal was refused. Irshad Ahmed v. Shafi Muhammad and 5 others 1981 CLC 1332; Pir Bukhsh v. Muhammad Musa and others 1987 CLC 708; Col. (R.) Syed Mukhtar Hussain Shah v. Waseem Sajjad and 30 others PLD 1986 SC 178 and Halsbury's Laws of England, 4th Edn. Reissued Vol.15 distinguished. (b) Sindh Local…

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