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SARDAR ABDUL QAYYUM NIAZI versus ELECTION COMMISSION OF AZAD JAMMU AND KASHMIR


Section 24A, 35 and 92 of the Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Section 44, authorizes the Chief Election Commissioner to cancel the result of the election to the entire constituency where serious violation of law or The rules were structured or interfered with. One or two polling stations were accused of losing candidates or groups of supporters. Canceling the entire circle selection was not allowed, but where available records did not result in selection. It was then justified to postpone the election of the entire constituency. In the present case, the polling bags of 65 polling stations were presented to the returning officer, even though they were received, but they were completed before the results were finalized. Destroyed, allegedly contested by voters / supporters; Returning officers did not receive the result of 89 polling stations and did not know who the polling bags were lying with. The parties filed cases against each other. Along with the Returning Officer, the local SDM also filed cases against the applicant as well as the contesting candidates for disrupting and damaging the public property and it cannot be said that the atmosphere at the polling stations was peaceful. The provisions of Section 24A of the Azad Jammu and Kashmir Legislative Assembly (Election) Ordinance, 1970, under the Chief Election Commissioner, enjoy vast powers for conducting fair, fair and fair elections in a fair, honest and fair manner. Had such power of the Chief Election Commissioner under any condition B

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