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MUSHTAQ ALI SHAH versus ELECTION AUTHORITY


Punjab Local Government Ordinance 1979 Section 17 Constitution of Pakistan (1973), Article 199 (l) (a) (ii) Constitutional application Election authority, before the declaration of the results of the Extension Election Authority, has all the powers under section 17 ( 1) The Punjab Local Government Ordinance, 1979, to ensure that elections are held honestly, fairly and with justice and in accordance with the provisions of the Ordinance, and such rules are one such step The result comes before the presiding officer's announcement and not after it. Once the announcement was made by the Presiding Officer, Section 17 (2), the Punjab Local Government Ordinance, came into force in 1979 and the Election Tribunal has the authority to investigate any election related matter. Where the election petition was accepted five days before the transfer of the election results to the District Council election unit, the appropriate forum was the Tribunal to contest the matter and not the Election Authority approved by the Election Authority in this matter. The order had no legal authority nor any legal effect, and thus the High Court set aside its constitutional jurisdiction under Article 199 of the Constitution.

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