LIAQAT ABBAS BHATTI versus ELECTION COMMISSION OF PAKISTAN THROUGH SECRETARY, ECP
Sections 39, 46 and 103 of the Constitution of Pakistan, Article 199 Constitutional Appeals Counting of Votes Fair Election, Election Commission Guaranteeing Applicant's Guarantee, Returning Officer to Repeat Ballot Papers, Clause 46 of Representation of People Act 1976 Is valid. , Empowering the Electoral Tribunal, if deemed appropriate, to pass an order to open a packet of counters and inspect a counting ballot papers or if such options were available to the candidate from the Election Tribunal. If so, Section 46 of the Representation People Act, 1976 did not snatch the powers available to the Election Commission under sections 39 and 103 of the Public Representation Act 1976, which include the power to order the re-counting of votes in appropriate cases, The re-enumeration will not start. The matter caused any prejudice to the applicant in view of the fact that, in the case of sub-justice before the Election Commission, the applicant suffered from any order which could be approved by the Election Commission, legal to the applicants. And there were constitutional remedies available, which could benefit from it at the appropriate time. The High Court refused to interfere with the exercise of constitutional jurisdiction. The order passed by the Election Commission Petition was dismissed in due course
Related judgments — Lahore High Court Lahore, 2013
