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ZIA MAHMOOD MIRZA, J. ---Petitioner and Ali Haider respondent No.3 herein contested election for membership of Union Council, Langrial, Tchsil Kharian from Halqa No.3, Outab Golra. Petitioner secured 228 votes as against 242 votes of respondent No.3. Six votes each of the petitioner and the respondent were rejected. Respondent No.3 was accordingly declared elected.

2.   Feeling aggrieved, petitioner filed an election petition under section 24 of the Punjab Local Government Ordinance, 1979 wherein he challenged the election of the respondent on a number of grounds. However, during the course of hearing of the election petition, petitioner's counsel made a statement on 26-4-1988 that he wanted only re-counting of the votes and did not press any other plea. His further statement was that the election petition be decided on the basis of the result of recounting. Counsel for the respondent accepted this proposition. Learned Election Tribunal, therefore summoned the election record for 29-5-1988. Recounting, however, actually took place on 29-6-1988 when the learned Election Tribunal examined/scrutinized all the ballot-papers valid and invalid/rejected, in the presence of both the parties and their counsel and found that the petitioner's total valid votes were 217 whereas the respondent had obtained 221 valid votes. With this result of the recounting, the election of the respondent was upheld and the petitioner's election petition dismissed vide order dated 29-6-1988. This order of the Election Tribunal has been brought under challenge in this Constitution petition.