Nawab JANGAIZ KHAN MARRI vs Mir NASEEBULLAH KHAN S — 2024 SCMR 1372 SUPREME-COURT

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Nawab JANGAIZ KHAN MARRI VS Mir NASEEBULLAH KHAN S. 9---Election for seat of Provincial Assembly---Re-polling on some polling stations---Abnormally high voter turnout---Election Commission of Pakistan (ECP) ordered re-polling on 4 polling stations due to an abnormal turnout---Validity---According to the consolidation of the results by the Returning Officer for the constituency in question issued by dint of Form-48, for the polling stations which are the subject matter of the present controversy, it is revealed that out of the total 1234 registered voters in first polling station, 1089 votes were cast which makes total turnout of 88%---Similarly, in the second polling station, the total registered voters were 1524, with 1214 total votes cast, which makes a total turnout of 79%, while in the third polling station, out of 1746 registered voters, 1340 votes were cast, making a 76% turnout; whereas, in the fourth polling station, the total registered voters were 1304, out of which 1286 votes were cast showing a turnout of 99%---After considering the entire record and the report of the Returning Officer and hearing the concerned parties, the ECP reached the conclusion that turnout at said four (4) polling stations was unnatural due to some illegalities and irregularities which have ultimately affected the final results, and in exercise of powers conferred under sections 4, 8(c) and 9(1), (3) & (4) of the Elections Act, 2017 ('Act'), it ordered for re-poll at the four polling stations---Present case is predominantly focused on an abnormal or unrealistic turnout of votes at 04 polling stations which does not commensurate with or is not in consonance with the overall turnout behavior of voters in the entire constituency---Counsel for the appellant-candidate did not deny the inflated or outlandish turnout of votes---There was no illegality or perversity in the impugned order of re-polling on 4 polling stations passed by the ECP---Appeal was dismissed.

Nawab JANGAIZ KHAN MARRI vs Mir NASEEBULLAH KHAN S — 2024 SCMR 1372 SUPREME-COURT

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