Re-polling

2019 MLD 1861 ISLAMABAD Judicial Precedent

Ss. 44, 46, 71 & 138Sindh Local Councils (Election) Rules, 2015, Rr. 29, 39, 40 & 60Re-polling

Petitioner was returned candidate who was aggrieved of recount of votes on 2 polling stations authorized by Returning Officer

Order of Returning Officer was maintained by Election Commission of Pakistan

Validity

Consolidation of results had not taken place and name of returned candidate was not published in official gazette

Question of taking dispute to Election Tribunal by filing election petition had not arisen

Petitioner had acquiesced to recount of votes and participated in process without any demur or reservation and there was no objection on part of petitioner to recount of votes

Recount of votes at polling stations in question produced result which was not in conformity or consistent with result of polls in such polling stations contained in Forms-XI

Such disparity created doubt in mind of Returning Officer as to legality of process of election at polling stations in question therefore, he requested Election Commission of Pakistan to conduct a re-poll

Election Commission of Pakistan was justified in ordering a re-poll at polling stations in question since dispute could not have been agitated before Election Tribunal through an election petition because consolidation of results had not taken place and name of returned candidate was not published in official gazette

High Court declined to interfere in exercise of Constitutional jurisdiction in re-poll at polling stations in question

Appeal was dismissed in circumstances.

2017 CLC 1554 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

R. 25(1)(2)Election for local governmentRe-pollingScope

Neither there was any hurdle during polling hours nor any of the ballot boxes was taken away unlawfully from the custody of Presiding Officer

Result had already been prepared prior to the occurrence of taking away the ballots

Even Presiding Officer knew as to how many ballots were taken away by the culprits

No justification, in circumstances, existed for the Returning Officer to recommend re-polling in the disputed ward

Presiding Officer was not hampered in forwarding the already compiled results

Recommendation of Returning Officer for re-polling in the ward could not be allowed to sustain

Returning Officer was directed to issue notification of result of union council

Constitutional petition was accepted in circumstances.