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SYED HUSSAIN ALI SHAH AL HUSSAIN versus ELECTION COMMISSION OF PAKISTAN THROUGH SECRETARY ELECTION COMMISSION, ISLAMABAD

The applicants for re-counting of votes in Articles 39 (6) and 52 Constitution of Pakistan (1973), Arts 199 and 225, took the position of the applicant, refusing to count the votes while questioning the District Returning Officer. There was widespread fraud on polling day that resulted in fake voting, which was a controversial question that required extensive investigation and recording of evidence that could not be made in the constitutional petition. Particularly when there was a dispute of facts, a recording of the evidence was required. The exclusive domain of the Election Tribunal is involved in the matter and the appropriate and effective action in the form of an election petition under Section 52 of the Public Representation Act, 1976, which is available to the applicant, may be brought before the complainant. ? The forum, which was an election tribunal and could not question its legal status before the elections, under Article 199 of the Constitution had the High Court excluded from its extraordinary constitutional jurisdiction because the constitutional petition was untenable. patent advocate from Zhob lawyer