MALIK AKHTAR HUSSAIN BHUTTA versus ELECTION COMMISSION OF PAKISTAN
Section 39 (6) Representation of the People (Conduct of Elections) Rules, 1977, R26 Constitution of Pakistan (1973), Article 199 Constitution Petition for re-counting of ballot papers, satisfaction of Returning OfficerSpot Petitioner, failing elections The Returning Officer did not properly select the rejected votes, which, along with the Electoral Returning Officer, led to the Election Commission denying the re-counting of ballot papers, candidates in accordance with Section 39 (6) of the Public Representation Act 1976 An application for permission could be granted only if the returning officer was satisfied with the request or challenged. Returning Officer was reasonable, while accepting orders, it was not satisfied with the action and to justify the actions taken to re-compute the required evidence. The applicant failed to prove that the various results were prepared by the Presiding Officer. The steady statement of the count prepared by the D Returning Officer raised suspicion; the Returning Officer was given public representation (holding elections) rules, 1977. According to KR 26, the authority to reject the ballot papers was authorized, the dispute between the parties was factual in nature and commitment. This can be represented through regular application before the Election Tribunal formulated under the Public Representation Act, 1976, in which case the constitutional application is dismissed.
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