Civil Petition No. 4682 of 2017 3. 3 The learned counsel submits that, there is no specific provision in the law which enables a re-poll to be ordered by the Election Commission; no notice was given by the Election Commission to the petitioners before it issued the said notification; no case for re-poll was made out; and the results formulated by the Presiding Officer could be used for tabulating the votes that had been polled. 4. We shall first examine the legal objection taken by the learned counsel that the Election Commission did not have power to order repoll. This Court in a recent judgment (announced on May 8, 2018) in the case of Malik Ameer Haider Sangha v Mrs. Sumaira Malik (CP No. 3122/2017) had examined the constitutional provisions governing the Commission and its duties, and we reproduce the relevant portions from it hereunder: “10. Article 222 of the Constitution enables the concerned legislature to make laws in respect of election matters, however, this Article concludes by stipulating that, “no law shall have the effect of taking away or abridging any of the powers of the Commissioner or the Election Commission.” Therefore, we need to examine the powers of the Election Commission. The Election Commission is required to hold local government elections (Articles 140A and 219(d) of the Constitution) and to organize and conduct them by making “such arrangements as are necessary to ensure that elections are conducted honestly, justly, fairly and in accordance with law, and that corrupt practices are guarded against” (Article 218(3) of the Constitution). The powers of the Election Commission which are mentioned in the Constitution neither stipulate nor require nor are dependant on the legislature granting, amongst others, specific powers to the Election Commission to order a re-poll.” (from paragraph 10) After setting out the constitutional provisions regarding the Election Commission the aforesaid judgment considered the powers of the Election Commission, as under:

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