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Civil Petition for Special to Leave Appeal No. 1560 of 1980, decided on 3rd November, 1981.
(Against the judgment and order of the Lahore High Court, dated 3‑12‑1980, passed in W. P. No. 11210 of 1980).
----Read with Punjab Local Councils (Election Petitions) Rules, 1979, r. 15‑Election Tribunal holding that whole election was void because it was not conducted fairly and irregularities were committed during election‑Held, petitioner cannot be allowed to urge on a technical ground for remand of matter to Election Tribunal for re‑hearing all over again.
Malik Muhammad Qayyum, Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate‑on‑Record for Petitioners.
Nemo for Respondents.
Date of hearing : 3rd November, 1981.
‑Abdul Rashid petitioner and Abdur Razzak (respondent No. 2) were candidates alongwith four others for the election to be held for Electoral Unit No. 296/G. B of Local Council No. 122, Tehsil Tobatek Singh, District Faisalabad. The petitioner was elected but Abdur Razzak filed an election petition for getting the whole election declared to be void. After hearing the parties, Election Tribunal Sargodha, accepted the same vide its order dated 30‑10‑1980, and held that in view of the fact that the election was not conducted fairly and irregularities were committed during the election proceedings, the whole election was void. The petitioner challenged this order before the High Court through a writ petition which was dismissed in limine vide the impugned order. Hence the present petition.
2. The only contention raised by the learned counsel for the petitioner was that under rule 15 of the Punjab Local Councils (Election Petitions) Rules, 1979, if such irregularities committed during the election were to affect the result of the election materially the election may be declared void as a whole. But the learned Election Tribunal had not observed in so many words that the irregularities committed during the election in question were such as they had materially affected the result of the election.
The High Court while dismissing the petition noted down the following irregularities in the election
". . the election started later than the scheduled hours, symbol of lota was painted on the ballot box of one of the candidates, lock of the ballot box of another candidate was broken at 12 noon and that the voters had not been made properly aware by the authorities concerned of the correct delimitation of the unit from where they were voting."
Keeping in view the nature of these irregularities, specially the one relating to the delimitation' of the Constituency we feel that although the learned Election Tribunal had not repeated the formula mentioned in section 15, the defect is merely technical one. We are of the view that the irregularities committed in this election mist have materially affected the result of the election and the petitioner cannot be allowed to urge on a technical ground for demanding and requiring remand of the matter to the Election Tribunal for rehearing all over again.
3. In view of the peculiar circumstances of this case we do not think it a fit case for grant of Leave to Appeal notwithstanding the above‑noted technical objection. The petition is, therefore, dismissed.
Petition dismissed.
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