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S. MASROOR AHSAN versus SYED ALI ASHRAF SHAH, 1ST ADDITIONAL DISTRICT AND SESSIONS JUDGE, WEST AND THE RETURNING OFFICER


The provisions of the Repeal Claims under section 39 and 103 of the Census Act 1976 were not included under the Representation Act, Section 103 of the Representation Claims, Section 103 of the Representation Act, 1976. Application should be made either at the polling stage and at the polling date and not later. The challenge to the reasonableness of the application or the re-enumeration of the count should be irrational for such exercise, first before the Returning Officer and finally before the Election Commission. The re-counting order cannot be considered by the Election Commission without any basis or any justification, so the request for re-counting is not guaranteed, under the circumstances.

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