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NAVEED SADIQ KHAN versus ELECTION TRIBUNAL


R40 (3) Constitution of Pakistan (1973), Article 185 (3) The legitimate vote, the re-counting of the parties contested for the nominee's seats and the deputy nazim's complaint of the unsuccessful candidates was that the invalid votes were given to any contestant. Was not counted in favor. The Panels Election Tribunal accepted the re-counting of ballot papers and directed the re-counting of all ballot papers which the Election Tribunal approved, which was taken up by the High Court by the candidates retained under the constitutional jurisdiction. That valid votes cannot be re-counted without evidence. In this regard, there was no scope for scrutiny in the election petition against the counting of the parties' legitimate votes, except that no evidence was brought on the record to justify the re-counting of valid votes, the Election Tribunal and the High Court. The court had acted illegally in this. The re-counting of the ballot papers, which were counted as legitimate votes in favor of the two parties, was announced by the Returning Officer, Rule 40 of the Local Government Election Rules, 2000, by the Returning Officer. (3) In such cases, the votes cast by the presiding officer are invalidated and excluded from the count. Whether the presiding officer's decision was legally correct or not, the decision made by the presiding officer in the proforma presented under the law was a definite result on which the counting results were recorded, such as what the returning officer did. Followed Thus the presiding officer fails to perform his legal duties, the Supreme Court voted valid

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