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MUHAMMAD AMIN versus ELECTION TRIBUNAL


39, 40 and 70 of the Constitution of Pakistan (1973), Article 199 Re-counting of votes for the seat of the Farmer Councilor In the decision of the question of re-counting of votes, the Election Tribunal is instructed to re-vote. There was no jurisdiction. Without finding any evidence or finding the results on the subject of the need to re-count the votes, the applicant had freely given his consent for the counting of votes in the presence of his lawyer and his lawyer re-counted. No objection was made to the effect where action could be taken before any party. The court or tribunal entered into an agreement of its own free will to settle the matter, could not turn it over, and could argue that the tribunal could not comply with the consent given by the applicant and do so. Should not be allowed. Challenging consent granted by the Election Tribunal to the Election Tribunal for the re-counting of votes has been withheld, unless otherwise known as an interim order, under which the Election Tribunal decided the entire dispute. Did not, so the High Court should have avoided exercising constitutional jurisdiction.

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