Citation Name: 2024 MLD 71 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Mst. ZARMINA BIBI vs GOVERNMENT OF BALOCHISTAN through Secretary, Local Government, Rural Development and Agrovilles Department R — 2024 MLD 71 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2024 MLD 71 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2024
Reporter: MLD
Parties: Citation Name: 2024 MLD 71 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Mst. ZARMINA BIBI vs GOVERNMENT OF BALOCHISTAN through Secretary, Local Government, Rural Development and Agrovilles Department R
Subject matter: Constitutional

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Citation Name: 2024 MLD 71 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Mst. ZARMINA BIBI VS GOVERNMENT OF BALOCHISTAN through Secretary, Local Government, Rural Development and Agrovilles Department R. 42---Valid vote---Mark on ballot paper---Object, purpose and scope---Drawing of lot---Petitioner was aggrieved of order passed by Election Commission of Pakistan declaring rejected vote as valid and counted in favour of respondent in election for the seat of Vice Chairman of Municipal Committee concerned---Validity---Voter put mark in front of name of respondent in given block meant for such purpose---Intention of voter was clear that he had voted in favour of respondent---Primary purpose of mark on ballot paper was to ensure intention of voter---Mark on ballot paper which clearly revealed intention of voter without disclosing identity of voter had to be accepted as valid exercise of vote---Responsibility of Presiding Officer while declaring any vote valid or void was very important and he was to be aware of applicable rules and law settled by High Court as well as Supreme Court---Ballot papers which are not marked in prescribed manner ought to be counted if it could be ascertained with reasonable certainty that for whom the voter in each case intended to vote---Disputed vote in favour of respondent was wrongly rejected by Presiding Officer and Election Commission of Pakistan passed appropriate order---High Court upheld the order of Election Commission of Pakistan to the extent of petitioner and respondent who were contesting election for seat of Vice Chairman of Municipal Committee concerned---High Court directed Election Commission of Pakistan to draw a lot under R. 42 of Balochistan Local Government (Election) Rules, 2013 and such exercise would be done on same day when election for seat of Chairman Municipal Committee would be held in pursuance/compliance of judgment of High Court---Constitutional petition was dismissed, in circumstances.

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