Law: Representation of the People Act, 1976

Section: 39(6),52

Law: Constitution of Pakistan, 1973

Section: 199

Representation of the People Act (LXXXV of 1976)--- ----Ss.39(6) & 52---Constitution of Pakistan (1973), Art.199---Constitutional petition---Recounting of votes---Petitioner had impugned the order passed by the Election Tribunal by which application of the respondent for recounting of the votes was allowed---Respondent challenged election of the petitioner on the ground of concept podia by way of election petition---During pendency of election petition, the respondent made application for recounting of the votes---Election Tribunal ordered recounting of the votes, which had been challenged---Validity---Election Tribunal had not passed final order---Election Tribunal could order recounting of votes without recording evidence---Order passed by the Tribunal was interlocutory in nature which could not be impugned in constitutional petition---Petition being misconceived, was dismissed. Liaquat Ali v. Election Tribunal, Sialkot 2003 SCMR 1313; Moula Bux v. Muhammad Rahim 2003 CLC 310 and Muhammad Naeem Kasi v. Abdul Latif 2005 SCMR 1699 ref. THIS ORDER PASSED BY: MAQBOOL AHMED AWAN, JUSTICE---.--- Through this petition, the petitioner has impugned order passed by the Tribunal by which the application of the respondent for recounting of the votes was allowed. The respondent has challenged the elections of the petitioner, inter alia, on the ground of concept podia by way of election petition. During the pendency of election petition the respondent has made an application that he would give up the reliefs prayed in the election petition and would be satisfied if recount is ordered. The Tribunal after hearing the parties had ordered recounting of the votes, which order has been challenged in the proceedings. We have asked the learned counsel for the petitioner to satisfy us that a writ lies against the interlocutory order. He could not cite a single judgment on…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492