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MAULANA ABDUL MALIK WAZIR versus ELECTION COMMISSION OF PAKISTAN THROUGH SECRETARY


Section 38 (9), 69, 70, 103, 103 AA and Form XIV Constitution of Pakistan (1973), Arts 199 and 225 Constitutional application for re-polling rules due to the absence of agents' signatures on Form XIV impact agents The re-polling was ordered by the polling stations on the basis that the election results were neither prepared on the scheduled Form XIV nor the signature of the candidates' agent forms. In the absence of any allegation levied by any candidate, and in the search of the Election Commission that did not produce a correct result in handwritten Form XIV, the Commission could not direct a re-election if the results were tampered with. In the absence of a finding, the Election Commission could not have formed the same basis for re-polling on the basis that the Presiding Officer did not receive the signature of the candidates or their agents on Form XIV. Representation Section 103 nor 103 AA of the People's Act 1976 could be directed to re-polling at two polling stations again by the Election Commission. The Election Commission's order suffered a misinterpretation of the provisions of the Public Representation Act, 1976, and the rules made by the High Court under constitutional jurisdiction re-polled by the Election Commission without legal authority. No statement made. By presiding officers of the two polling stations present, the High Court, which reflected the actual results of the polling stations, announced that the candidates would get the maximum number of votes as the candidates were allowed to apply under it.

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