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ALLIED BANK LIMITED versus GOLDEN EAGLE ENTERPRISES


Representation of section 39 (6) of the People Act 1976 by re-counting of ballot papers under the Election Tribunal Accessories / Elections under election must have a proper statement of all material facts which are alleged to be illegal or irregular in the count. The basis was that the evidence must be included. The Election Tribunal should have been satisfied that the count was erroneous so that such a decree was necessary to decide the dispute between the parties, and for a complete and effective justice between them, without the confusion of the allegations. But could not be ordered to recalculate. In the election petition, only the ambiguity and allegation was alleged that the polling agents of the applicant were not allowed to participate in the operation of polling stations in the area under the specific candidates nor the names of the polling agents who allegedly participated. Withheld, specific polling stations were not prosecuted and evidence was not provided to support such allegations, therefore, no counting order can be given.

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