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Writ Petition No. 5308 of 1983, decided on 20th December, 1983.
‑‑‑ S. 17‑Constitution of Pakistan (1973), Art. 199‑Irregularities found in election at three polling. stations of a unit‑Order of Election Authority to hold election in such three polling station only, held, perfectly well within jurisdiction of Elec tion Authority‑No justification present to disfranchise voters who had rightly cast their votes in other polling stations.
Javaid Amin Khan Nayar for Appellant.
‑Elections were held for Unit No. 30 of Lahore Municipal Corporation, Lahore. Applications were filed in which the petitioner joined, before the Election Authority under section 17 of the Punjab Local Government Ordinance, 1979 wherein it was mainly alleged that the polling was not correctly held in the polling stations for the female voters. After report and hearing all the parties the learned Election Authority directed as prayed for the holding of fresh election for female voters. This is vide order, dated 5th December, 1983. This is challenged by the petitioner through the aforetitled Constitutional petition.
2. Learned counsel for the petitioner has contended that once the Election Authority had come to the conclusion that the elections were not held in accordance with law, the entire election of the unit should have been set aside and not of polling stations for the female voters alone and fresh election ordered for them.
3. We are afraid that there is no force in this petition for the reasons that if the elections had been held in the other polling stations perfectly in accordance with law and there were only irregularities in the three polling stations for the female voters and fresh elections have been ordered therefor. the learned Election Authority had acted perfectly well within its jurisdiction to pass the impugned order. There was no justification to disfranchise the voters who had rightly cast their votes in the many male polling stations. This petition has no merits and is accordingly, dismissed in limine.
M. Z. M. Appeal dismissed.
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