NASEER AHMED vs RETURNING OFFICER U/C 31 KHUDA DAD, MIRPUR KHAS S — 2023 SCMR 179 SUPREME-COURT

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NASEER AHMED VS RETURNING OFFICER U/C 31 KHUDA DAD, MIRPUR KHAS S. 9(1)---Local Government elections---Ballot papers---Erroneous printing of symbols on ballot papers---Power of the Election Commission to declare the election as void and order a re-poll---Scope---Respondents (candidates) were allotted the symbol of 'hand pump' by the Returning Officer---Due to a printing error in respect of the ballot papers the Election Commission erroneously printed another symbol (of a bibcock or tap) instead of hand pump, which constituted a violation of the Elections Act, 2017 and/or the applicable rules---Even if, as contended by the counsel for the appellants (returned candidates), the same word in Urdu was wide enough to refer to both "hand pump" and "tap", there could be no doubt that the two were different devices---More importantly, any graphic representation or visual and/or pictorial image or depiction of the two was easily differentiated and the difference was immediately discernable---Respondents correctly portrayed the symbol allotted to them during their electioneering or that at least some of the voters in the constituency would rely primarily on the graphic/pictorial representation of the device/thing/animal etc (i.e., the symbol itself) allotted and printed on the ballot paper in identifying the candidate they wished to vote for---Difference between the appellants and respondents in terms of number of votes was small, which itself indicated that at least some of the voters who intended to vote for the respondents could have been misled or confused as to whom they were to vote for---Had the difference been great it could be plausibly argued that the error did not materially affect the outcome of the poll, but the closeness in the result indicated otherwise---Result of the poll was materially affected and the Election Commission was well within its jurisdiction to order a re-poll for the whole of the constituency.

NASEER AHMED vs RETURNING OFFICER U/C 31 KHUDA DAD, MIRPUR KHAS S — 2023 SCMR 179 SUPREME-COURT

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