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MEHDI ABBAS KHAN versus RANA MUHAMMAD QASIM NOON


Section 39 (6) (b) and 52 constitution of Pakistan (1973), Article 252 form counting, after the preparation of stable results on 12 10 2002, the re-counting or re-enactment of the voting scope Returning Officer, according to which the applicant has filed Against 25295 votes. 25135 votes were received, relying on the alleged direction of the Election Commission of Pakistan issued on 19, 2002 10 2002 could not reopen the matter, as a directive to restore the same result, nor re-count the votes. In the present case no directive was issued for rehabilitation either by the Election Commission of Pakistan or by a member of the Commission, nor by the Commission on 19 10, 2002, which required the Returning Officer. Call the parties on 20 10 2002 at 3pm and pass the appropriate orders. According to law ?, it can be considered as a direction for the entire exercise, either by the Returning Officer, for the re-counting or re-election of the vote. The officer or even the Election Commission of Pakistan had no option but to reopen the matter and in the absence of any further instructions. Under Section 39 (6) (b) of the Public Representation Act, 1976, the election of the Election Commission of Pakistan can be made only by filing such an application if the respondent is incensed by incorrect tabulation or incorrect calculation. If so, the only remedy was to file an election petition under Article 225 of the Constitution as well as Section 52 of the Representation Public Act 1976, giving the defendant a notification regarding the candidate to be notified of legal authority and quorum.

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