Law: Representation of the People Act, 1976

Section: 14,68,103

Law: Constitution of Pakistan, 1973

Section: 199,225

Representation of the People Act (LXXXV of 1976)--- ---Ss. 14, 68 & 103---Constitution of Pakistan (1973), Arts. 199 & 225---Constitutional petition---Maintainability---Election of Provincial Assembly---Result sheets prepared by Returning Officer showing difference regarding number of votes secured by petitioner---Petitioner seeking recounting of votes after notification of election result---Question of facts involved in such case could not be resolved by High Court in constitutional jurisdiction---Such controversy could only be resolved by Election Tribunal---Election petition had not yet been filed by any candidate---High Court sent constitutional petition to Election Commission for treating same as an election petition and entrust same to Election Tribunal requiring petitioner to fulfil procedural requirements of an election petition. Asghar v. Punjab Local Councils Election Authority, Lahore and 4 others 1999 SCMR 1123 and Shahid Khan v. Senior Civil Judge/ Returning Officer and 9 others 2002 MLD 1945 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD MUNIR PARACHA, J.--- The petitioner, and respondents Nos. 5 to 17 contested the election for the membership of Provincial Assembly of Punjab from the Constituency PP-60, Faisalabad-X. The case of the petitioner is that Returning Officer on 19-2-2008 announced tentative result and copies of the same were delivered to all the candidates. According to the petitioner, in the above said result (Annexure-A), the petitioner was shown to have got 21610 votes as against 21375 votes secured by respondent No.5. The number of rejected votes was shown to be 3080. The petitioner pleads that on 20-2-2008, a revised tentative result sheet (Annexure-B) was issued by the Returning Officer showing the petitioner to have got 20610 votes, respondent No.5 having secured 21375 votes and the number of rejected votes as 4083. It is pleaded by the petitioner that on 19-2-2008, it was announced on the Pakistan Television and other Electronic Channels that the petitioner stood elected. Another document (Annexure-C) has also been annexed with the writ petition which the petitioner claims to have got from website of the Election Commission…

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