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SHARAFAT ALI NISAR versus PUNJAB LOCAL COUNCILS ELECTION AUTHORITY


Punjab Local Government Ordinance 1979 Section 17 (2) Punjab Local Council (Election) Rules, 1979, R28 Election re-polling allotted the Returning Officer of the entire electoral unit to the sewing machine candidate and said that the election mark was for minority seats. Specified, the ballot paper was not present on the Returning Officer after Election Day error was reported to the Election Authority, the candidate who contested on the motor car's new symbol was allotted a new car symbol but failed. Candidate filed an application under Section 17, Punjab Local Government Government Ordinance, Election before 1979 Harte accepted the request, demanding the entire election authority be set aside and ordered the entire electoral unit to be withdrawn. The correct election authority may order the re-polling of the particular polling station at which polling was stopped and elections were not held. The situation is mentioned in the Punjab Local Council (Elective) R28 N) Code of Conduct, 1979 Election Authority did not have the power to order re-polling of the entire electoral unit even if it was established that the polling There was no special polling station in which the candidate participated, whether it was illegal or invalid. , Was challenged by the election petition before the Election Tribunal because after holding the elections, the Election Authority will become a function office and there will be a lack of jurisdiction to interfere with the order of the Electoral Authority, which results in the re-counting of the entire electoral unit. Was ordered, was set aside.

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