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ABDUR REHMAN KHAN versus RETURNING OFFICER


The Returning Officer, while accepting the request for re-counting of the entire ballot papers cast in the constituency of the Provincial Assembly from Articles 39 (6) and 103 (b) of the Constitution of Pakistan (1973), Article 199 of the Public Act 1976, requested the Returning Officer. Ordered to recalculate in terms of verification. The request for recalculation was accepted because of the slight difference in votes between the competing candidates, and that most correct votes were excluded from the count and incorrect votes were included, which was approved by the Returning Officer. The order of the re-enumerated order was within the scope of the law and the rules which he authorized. Representation may be revised by any officer under section 103 (b) of the Public Act, 1976, by any order passed under the said Act, or by the Election Commission, therefore, under this Act Treatment is not justified. Submitted for interference with counting order by Returning Officer in constitutional jurisdiction, application dismissed

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