Civil Petition No. 4682 of 2017
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cast in their favour and ordered re-poll in respect of the said polling
station which was a corrective measure, and one which was also fair.
6.
The petition filed by the petitioners in the High Court could have
also been dismissed on the ground that the Election Commission in
issuing the said notification had not acted illegally or in a mala fide
manner. However, the learned Judge examined the merits of the case as
well, and also determined that, “the law does not provide for taking into
account the unofficial result prepared by the presiding officer for the
purposes of consolidating the final result.” The learned members of the
Division Bench of the High Court had also examined the merits of the
case though they could have dismissed the ICA on the ground that it was
not maintainable in terms of section 3 of the Law Reforms Ordinance,
1972 as the matter was first considered by the Election Commission and
then by the High Court exercising jurisdiction under Article 199 of the
Constitution, however, this petition is not being dismissed on this
ground because this point was not considered in the impugned judgment
in the ICA. The learned members of the Division Bench considered the
scope of the referred to unofficial results and held, that “the votes of said
polling station cannot be verified or counted in the event of a challenge by
any of the parties.”
7.
The foundation of representative democracy rests on a credible
electoral process which in this case had been undermined and the
Election Commission proceeded to restore it. In respect of the polling
station the record of which was snatched / stolen from the Presiding
Officer the Election Commission ordered re-poll, which was an eminently
fair decision but nonetheless it was unnecessarily and repeatedly