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Civil Petition for Special Leave to Appeal No. 1154 of 1981, decided on 20th January, 1982.
(On appeal from the judgment and order of the Lahore High Court dated 1‑12‑1981 in W. P. 5614 of 1981).
‑ Ss. 24 & 24‑A read with Constitution of Pakistan (1973), Art. 199-- Writ petition challenging decision of Election Tribunal dismissed by High Court in its Constitutional jurisdiction for reason of findings of fact arrived at by Tribunal being conclusive and impugned order being not without lawful authority‑Contended before Supreme Court that Election Tribunal misread evidence but no misreading pointed out -Counsel in fact trying to seek reappraisal of evidence‑Reappraisal of evidence being not justified, dismissal of writ petition by High Court, held, unexceptionable‑Constitution of Pakistan (1973), Art. 185(3). [Evidence].
Ch. Sanaullah Bajwa, Advocate and Ch. Mehdi Khan Mehtab, Advocate -on‑Record for Petitioner.
Nemo for Respondents.
Date of hearing : 20th January, 1982.
Leave to appeal has been sought from order dated 1‑12‑1981 of the Lahore High Court, whereby a constitutional petition arising out of a local election was dismissed in limine.
Learned counsel states that the petitioner obtained highest votes in a local election from Union Council No. 50 (Electoral Unit, Nizampur Ghallian) and was declared successful. Respondent No. 2 was the contesting candidate, who having lost, filed an election petition which was ultimately allowed by an Election Tribunal. In addition to the setting aside of the result of the election, the petitioner was also disqualified for four years to contest election under section 21‑A of the Punjab Local Government Ordinance, 1979. The ground urged by the respondent and found against the petitioner was that be contested the election on political basis which was prohibited by the said provision of law.
The petitioner challenged the decision of the Election Tribunal before the High Court in its Constitutional jurisdiction. His petition was dismissed by a Division Bench for the reason that the findings of fact arrived at by the Election Tribunal were conclusive; and that the order impugned before the High Court, nor being without lawful authority, the petitioner was not entitled to any relief.
We have heard the learned counsel in support of this petition. The only point pressed by him is that the Election Tribunal had misread the evidence. But despite his assertion learned counsel has failed to point out any misreading which would justify interference by the High Court in its writ jurisdiction. In reality the effect of the learned counsel is to seek reappraisal of the evidence which not being justified at all, the dismissal of writ petition by the High Court is unexceptionable. This petition has no force. It is accordingly dismissed.
Petition dismissed.
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