SHER AFGHAN KHAN ZARKOON vs GOVERNMENT OF BALOCHISTAN, LOCAL GOVERNMENT, RURAL DEVELOPMENT AND AGROVILLES DEPA

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SHER AFGHAN KHAN ZARKOON VS GOVERNMENT OF BALOCHISTAN, LOCAL GOVERNMENT, RURAL DEVELOPMENT AND AGROVILLES DEPARTMENT, QUETTA Ss. 8 & 9---Balochistan Local Government (Election) Rules, 2013, Rr.40 & 42---Constitution of Pakistan, Arts. 199 & 218 (3)---Constitutional petition---Election dispute---Rejecting of votes---Non-holding of inquiry---Effect---Presiding officer, conduct of---Petitioners were aggrieved of election conducted by authorities for the seat of Chairman Municipal Committee---Validity---Rival claims with regard to rejection of vote constituted factual controversy and such exercise was avoided by High Court in Constitutional jurisdiction under Art. 199 of the Constitution---Conduct of Presiding Officer, Municipal Committee, concerned was very relevant to ascertain fairness and transparency of election held for the seat of Chairman Municipal Committee---Provisions of Chapter VIII of Balochistan Local Government (Election) Rules, 2013, pertained to election of Chairman and Vice Chairman Municipal Committees---Controversy between the parties pertained to R.63 (6) of the Balochistan Local Government (Election) Rules, 2013---Presiding Officer of the Municipal Committee should have conducted summary inquiry at the spot to ascertain legality and validity of rejected vote, as apparently other marks were also put by some other pen on the disputed ballot papers---Voter himself could not have destroyed secrecy of his vote in order to provide benefit to petitioner---Election of Chairman Municipal Committee hinged upon the fate of such disputed votes, therefore, its rejection and subsequent conduct of Presiding Officer Municipal Committee by not holding summary inquiry at the spot had materially affected result of the election held for seat of Chairman Municipal Committee---High Court directed Election Commission to hold fresh elections and set-aside the result of election held for Chairman Municipal Committee, by declaring the same as void---Constitutional petition was allowed accordingly.

SHER AFGHAN KHAN ZARKOON vs GOVERNMENT OF BALOCHISTAN, LOCAL GOVERNMENT, RURAL DEVELOPMENT AND AGROVILLES DEPARTMENT, QUETTA Ss — 2023 CLC 2063 QUETTA-HIGH-COURT-BALOCHISTAN

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