1994 PLP 548 (MLD)
BARKAT ALI — Petitioner Versus REHMAT ALI and another — Respondents
| Citation | 1994 PLP 548 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | BARKAT ALI — Petitioner Versus REHMAT ALI and another — Respondents |
Q1: What are the key laws and sections cited in 1994 PLP 548 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 PLP 548 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994 PLP 548 (MLD) (BARKAT ALI — Petitioner Versus REHMAT ALI and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Mushtaq Ahmad Qureshi for Petitioner.
Headnotes / Summary
S.24
Pending election petition of defeated candidate against returned candidate, defeated candidate filed application for recounting of votes, which application was accepted by Election Tribunal and record was summoned
Returned candidate challenged order of Tribunal summoning record, firstly that issue regarding recounting of votes was not raised by defeated candidate in his election petition, thus Tribunal, was not legally justified in summoning record, secondly that bag containing votes having been damaged, some one should be held responsible for that
First plea of returned candidate that issue regarding recounting of votes was not raised in election petition, was incorrect because that very issue was raised in election petition-- As to second contention of returned candidate, his petition with regard to damage of bag containing votes, was still pending before Election Tribunal, which could be pressed before Tribunal who would decide matter in accordance with law.
Judgment & Decree
Petitioner filed this Constitutional petition against order dated 10-11-1992 and 22-12-1992 of Civil Judge/Election Tribunal, Kasur.
2. Petitioner Barkat Ali was elected as Member, Union Council, Sehjra, Tehsil and District Kasur against Whom respondent No.1 filed an election petition which is currently pending. An application was filed by respondent No.1 for recounting of votes which was accepted by Election Tribunal, Kasur vide order dated 10-12-1992. Thereafter, bag containing votes was produced but because of the absence of counsel the record was ordered to be taken back and to be reproduced on 9-1-1993.
3. Learned counsel contends that issue regarding recounting of votes was not raised in the election petition and, therefore, the Election Tribunal was not legally justified in summoning the record. Secondly the petitioner filed an application on 22-12-1992 that the bag containing votes was damaged and that in law some one should be held responsible for that. It is stated that application to this effect has not been considered by the Election Tribunal.
4. As to the first contention, the issue was raised in para. No.1 of the election petition which necessitated for the summoning of record. This contention, therefore, is without any legal substance. As to the other contention, the application of the petitioner dated 22-12-1992 is still pending before the Election Tribunal and petitioner, if so advised, should press the same before the Election Tribunal who will decide the matter in accordance with law. With the above observations the writ petition is disposed of. H.B.T./B-73/1, order accordingly,