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NIAMAT MASIH versus DISTRICT JUDGE, OKARA/ELECTION TRIBUNAL, DISTRICT KASUR


Constitution Pakistan (1973), RR 39, 70 and 80 Constitutional Appeal Election Petition The applicant was declared a Returning Candidate for the seat reserved for a minority representative who claimed that he got 50 votes in the polling station number 175, While the applicant got 28 votes. The vote tribunal sought the record and after the same scrutiny, 28 votes were obtained in favor of the respondents, but the petitioner's request for a presiding officer was summoned. The Office Secretariat of the Tribunal later deemed it unnecessary to seek the Presiding Officer and proceeded to allow the election petition, announcing the petitioner and defendant to return. The respondents clearly stated that the applicant received 28 votes in polling station No 175, while one voting bag came out in favor of the applicant, the respondent did not oppose the applicant. In such circumstances, inquiries were required as requested in the election petition that the Election Petitioner had been entered by an error to provide the details of the Presiding Officer, but his failure to do so Ali was convicted. The court accepted the constitutional plea. Consequently, before the tribunal will be asked to explain such contradictions related to the presiding officer, the position will be pending and will be free to lead evidence to clear.

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