Muhammad Alam Khan, J.--Maulana Abdul Malik Wazir son of Ahmed Jan candidate from the seat of NA-41 Tribal Area-VI, South Waziristan Agency, WANA has filed the instant writ petition, wherein, he has challenged the validity and legality of order dated 21.02.2008 of Election Commission of Pakistan, Respondent No, 1, whereby, an order was passed for re-polling of two Polling Stations i,e,, Polling Station No, 60, GMS Khan Kot No, 1 and No, 62 GMS Khan Kot No, 2 (Zermillan), without notice and hearing to the effected parties.
2. Brief facts of the case, succinctly delineated from the petition, are that the petitioner alongwith respondents No, 6 to 15 contested the election to the seat of NA-41 Tribal Area-VI South Waziristan Agency WANA, held on 18.02.2008. That the statements of votes were compiled, prepared with respect to Polling Station No, 60, GMS Khan Kot No, 1 and No, 62 GMS Khan Kot No, 2 (Zermillan) on hand written Form-XIV instead of form as prescribed by law. It was also alleged that according to the result, the petitioner obtain 7947 votes and was unofficially declared Returned Candidate, however, the contested candidate raised an objection that the result had been , compiled on hand written form instead of prescribed Form-XIV. The matter was brought into the notice of Election Commission of Pakistan by Returning Officer vide his report dated 19.02.2008 and after perusal and satisfaction, the Election Commission of Pakistan passed impugned order on 21.02.2008. The review filed there-against was rejected by the Election Commission of Pakistan on 23.02.2008. Feeling aggrieved, the petitioner has come to this Court by filing the instant writ petition with the following prayer: "It is respectfully prayed that this Hon'ble Court may graciously to entertain the Petition and also to set aside the Notification dated 21.02.2008 issued by Respondent No, 1 directing re-poll on two of the Polling Stations i,e, No, 16 (GMS) Khan Pur No, 1 Zermillan and 62 (GMS) Khan Pur No, 2, Zermillan in constituency NA-41 Tribal Area VI."
3. On the other hand, the respondents submitted written statement to the writ petition wherein, besides the factual objection, a preliminary objection was raised that this Court has got no jurisdiction to entertain the instant petition as no flaw in the impugned notification affecting the election in the constituency has been pointed out and that in view of Section 52 of the Representation of the People Act, 1976 read with Article 225 of the Constitution, the election dispute are amenable to the exclusive jurisdiction of the Election Tribunal, which have already been established.
4. On 25.02.2008 this Court admitted this petition to regular hearing and interim relief was granted to the effect that the result of re-polling in the above-mentioned Polling Stations shall not be declared.
5. We have heard the learned counsel for both the parties and have gone through the record with their valuable assistance.
6. The learned counsel for the petitioner, vehemently argued that printed Form-XIV was not available with the Presiding Officers of the two Polling Stations, therefore, result of the said Polling Stations was prepared on simple paper and that has not vitiated the result of the said Polling Stations and the order passed by the Election of Pakistan is against the law and rules on the subject, therefore, the same be declared void and without lawful authority and that this Court has got ample powers to redress the grievance of the petitioner in exercise of the constitutional jurisdiction.
7. On the other hand, the learned counsel for the contesting respondent, supported the impugned order dated 21.02.2008 passed by the Election Commission of Pakistan and it was inter-alia submitted that under Rule 24 of the Representation of the People (Conduct of Election) Rules, 1977, the statement of the count under sub-section (9) of Section 38 shall be prepared in Form-XIV and the Presiding Officer having not prepared the result in accordance with law and rules and result of these Polling Stations was delayed and forged, therefore, the same was rightly not accepted by the Election Commission of Pakistan vide impugned order. That in the re-polling, the petitioner having participated, cannot turn around and challenge the impugned order of re-polling in the two Polling Stations, mentioned above, therefore, the Writ Petition be accordingly dismissed as infructuous and not maintainable in light of Section 52 of the Representation of People Act, 1976 read with Article, 225 of the Constitution, 1973.
8. Since, the factual controversy of forgoing result on simple paper is involved in this case and alternate and efficacious remedy is available to the petitioner for the redressal of his grievance by filling an. Election Petition in the Election Tribunal, constituted under Section 57 of the Representation of People Act, 1976. The jurisdiction of this Court is also excluded under Section 52 of the Representation of People Act, 1976 read with Article 225 of the Constitution. If any, authority is required, reference can be made to "Election Commission of Pakistan through its Secretary Vs. Javed Hashmi reported in PLD 1989 S.C. 396."
9. For what has been discussed above, finding no merit and substance in the instant Writ Petition, the same is hereby dismissed and Interim Order issued on 25.02.2008 with-holding the result of re- polling of the aforesaid two Polling Stations, is hereby vacated. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.