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HASHMAT MAL versus CHIEF ELECTION COMMISSIONER OF PAKISTAN, ISLAMABAD


R65 Pakistan Constitution Pakistan (1973), Article 199 Constitutional petition re-counting and re-scrutiny of votes, which contested the Councilor for Local Bodies Election on minority seat, (retired candidate), unsuccessful candidate filed an election petition. The unsuccessful candidate prayed in his election petition for the counting and re-examination of the applicant's votes, and the parties agreed that the election petition should be dealt with on the basis of the results of the counting and the returning officer re-counted. But again on the counting of the petitioner's declaration Instead of rejecting the election request, the Returning Officer, who had traveled without the claim and documents recorded in the election request, allowed the election application to be rejected, resulting in the re-counting. And was declared a non-successful candidate. As the returning candidates gave relief on accuracy, the return of the election request was beyond the request of the candidate, but the candidate limited his reliance on the election request for counting of votes, which was done with the consent of the parties. In the election petition, the returning officer announced that the applicant had secured more votes. By casting fake votes, there was no way for the Returning Officer to declare a failed candidate because the Returning Officer confessed that he had received fewer votes. The Returning Officer did not merely commit the error of law but the judicial pattern in such recording. Violated the mandatory rules of practice. ?

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