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SHAHID AZIZ KIANI versus ELECTION COMMISSION OF PAKISTAN THROUGH SECRETARY


Article 35, 36 and 38 Constitution of Pakistan (1973), Article 199 The controversial question of the fact of counting is that after preparing for the preliminary results, the Returning Officer re-counted the ballot papers, and the respondents through the respondents. The candidates raised were declared as candidates. After the result was consolidated, the returning officer was not given the option to count the votes because he had become a fixture officer. The dispute of accuracy was whether the preliminary result prepared by the Returning Officer was the final result or a definitive statement of the result of the counting by the Presiding Officers or it was in the R36 of the Punjab Local Government Election Rules 2005 on Form XV by the Returning Officer. The results submitted in the form of a definitive statement of the results of the counting; since it was, in fact, a question which requires the recording of the evidence and the examination of the record, which is required by the High Court under the constitutional jurisdiction. Cannot submit, such dispute can only be resolved by Election Tribunal Is.

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