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Writ Petition No. 49 1 of 1981, decided on 31st January, 1981.

‑‑ R. 15 ‑ Election ‑ Tribunal holding 800 voters having not been allowed to cast their votes and election polls closed prema turely‑Finding being clear and unambiguous‑Contention as to definite finding having not been given by Tribunal in accordance with r. 15 and as such finding not good in law, held, has no force in circumstances of case.

Malik Muhammad Qayyum for Petitioner.

Date of hearing : 31st January, 1981.

It is contended , by the learned counsel that as no definite finding has been given by the Tribunal in accordance with Rule 15 of the Punjab Local Council (Election Petition) Rules, 1979, that the result of the election had been materially affected by reason of the failure of the Presiding Officer to comply with the provisions of the Ordinance or the Rules, the declaration by him that the election was void is not good in law. He has referred to the contents of para. 20 of the order of the Tribunal wherein it is stated :‑

....the counting again puts serious doubts on the authenticity of‑ the ultimate result and is a departure from the rules that cannot be ignored or regularized."

It will be noticed that the polls were closed prematurely at 3.45 p. m. He‑ has also come to the conclusion in para. 14 that 800 votes had not been polled. He has given his finding thereafter in para. 21.

2. A reading of the above paragraph would show that the result had been materially affected. The contention that he only seriously doub ted it is not correct in view of the above. If 800 voters are not allowed t cast their votes the result would be materially affected. That being a very clear and unambiguous finding, we do not find any merit in this petition and the same is dismissed in limine.

M.Y.M. Petition dismissed.

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