MULAZIM HUSSAIN versus ELECTION TRIBUNAL TEHSIL LAYYAH/DISTRICT AND SESSIONS JUDGE, RAJANPUR
R71 Constitution Pakistan (1973), Article 199 Constitutional Dispute Election Recording Impact Non-recording of Re-Counting Ballot Papers Announced as Returning Candidate for the seat of General Muslim Councilor by the Election Commission filed by the Applicants was done. The petitioner directed for the re-counting of the ballot papers, without forming a case and recording the evidence, joined the re-counting process, in which the defendants claimed election as the respondent's candidate for recording of the evidence. Cannot be re-counted. After the applicant joined the recalculation process, the principle of stoppage was applied. The applicant for the legal proceeding was joined in the subsequent proceedings and in his presence the physical count of the votes was held, the applicant neither kept any material on record nor was able to prove it. There was no re-counting of votes. The error was pointed out by the appropriate Election Commission that in fact the respondents got 194 votes at a particular polling station, which was incorrectly noted as 147 votes in the definitive ballot statement, or they were facts. Was not based on or against. Although the record was against the law directing the re-counting of votes without recording evidence, action was taken in the presence of the applicant. The applicant took the case to identify any illegal or irregularities in such proceedings but the facts recorded by the Election Tribunal proved the finding.
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