Punjab Local Governments (Conduct of Elections) Rules, 2013
Rule 35(4) In the light of specific facts and figures of this case discussed above, exclusion of 207 votes would amount to excluding genuinely cast 207 votes from the count, which in the circumstances of the case would amount to disenfranchising 207 genuine voters. A five member bench of this Court in the case of Jamal Shah supra has held that omission on the part of the presiding officer to sign ballot papers is totally outside the obligation of the voters and for that they cannot be penalized by excluding their votes which were nevertheless duly stamped with the official mark. This dictum of Jamal Shah's case was not touched upon by three member bench of this Court in the case of Shah Muhammad supra though it was cited. We allow this appeal on the basis of dictum laid down in Shah Jamal's case and declare that 207 disputed ballot papers are to be treated as valid and shall be taken into vote-count. Zulfiqar Ali Ranjha VS Zia Ullah Ranjha, [5 LM (SC) 179]
