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SYED SHAH JEHAN versus ARSHAD HUSSAIN

Failure to provide the parties with the opportunity to add evidence to the counting parties of the NWFP Local Government Election Rules 2000 RR 42 (5), 71, 72 and 73 Constitution of Pakistan (1973), Article 199 Constitution. Farmers and respondents who were contested for the seat were declared return candidates by only one vote During the unofficial counting of ballot papers, the applicant was declared a retired candidate, but in the official count, the returning officer only disputed the controversial ballot. Were counted and the respondents were declared successful by one vote. The petitioner's complaint was that the Election Tribunal had refused to re-count the entire ballot papers and retained the decision of the Returning Officer without providing any opportunity to present evidence to the parties, the primary responsibility of the Election Tribunal. Had to be Provided the parties with the opportunity to add evidence to resolve the dispute properly added, the Election Tribunal could order a re-counting of votes in appropriate cases and at the consent of the required conditions, the Election Tribunal on the wrong premises Was gone and declared himself wrong to conclude the Returning Officer's decision and defendant was declared wrong. The Election Tribunal's refusal to exercise jurisdiction in the matter was subject to material prejudice whereby the order passed by the Election Tribunal's applicant and the parties after the opportunity to add evidence to the case. Was remanded for a new verdict. According to the law, a petition was allowed under the same list of supreme court advocates from Buchay Key lawyer