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MAULANA ATTA-UR-REHMAN versus AL-HAJJ SARDAR UMAR FAROOQ MIANKHEL


Section 39 (6) Constitution of Pakistan (1973), Article 199 Constitutional Petition for Reconsideration and Renewal Process, Applicant's Rule, A candidate has challenged the order passed by the Returning Officer in which the relevant constituency A full counting of votes was ordered to be re-counted. The applicant was of the view that once the Returning Officer was consolidated with the result of the counting statements made by the Presiding Officers, the Returning Officer would become a Function Officer and order the re-counting / re-examination of the votes. Will have no jurisdiction to give. Representing Section 39 (6) of the Representation People Act, 1976, the returning officer had the jurisdiction to re-count, especially when it was alleged that the process of stabilizing the presence of candidates or their agents. Were not made. Satisfied with the actual objections of the respondent, he could pass the Returning Officer's jurisdiction was a good order when the applicant participated in the re-counting for four days and did not say when 181 polling stations were re-counted. That the re-enumeration process was without the jurisdiction of the Returning Officer. Once the Returning Officer approves a recalculation order on the principle of Approval and Promotion, it was under law that he complete the re-enumeration process and, according to the order of the Returning Officer, he could stop / stop the process. Could not

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