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DILAWAR HUSSAIN BUTT versus ZULFIQAR ALI


Punjab Local Councils (Election Petitions) Rules 1979 R44 Constitution of Pakistan (1973), Article 199 Constituency petition re-voting jurisdiction Electoral Tribunal Non-filing of cases and recording of evidence where the accused was charged The legitimate votes cast in favor of the applicant were declared illegal by the presiding officer as having a material impact on the outcome of the election, so it was not necessary that the Election Tribunal dispose of the matter. And record the evidence and statements of the parties. Prior to ordering the re-counting, the presiding officers of the polling stations could not routinely order the re-counting and the candidate could not demand re-counting of ballot papers as a matter of right, but the Election Tribunal re-counted on the strength of the material. Order. On the contrary, it was of the opinion that the application for re-counting was appropriate and the dispute may be resolved by re-counting and re-examining the ballot papers, to the Election Tribunal under R 44 of the Punjab Local Council (Election) Rules 1979. Option to open a packet containing counting ballot papers, to examine where the Election Tribunal opted for the power of ballot papers. It turned out that the legitimate votes of the applicant were more than the returning candidates, it was claimed by the petitioner Election Tribunal that the authority to grant relief was granted after the High Court ordered the re-counting of votes. Refused to interfere with its constitutional jurisdiction under Article 199.

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