Law:

Section:

MUNAWAR AHMAD MIRZA, CJ.---This petition 'is directed against judgment 20-12-1992 passed by learned Election Tribunal, Nasirabad. Petitioner had contested election on the peasants' seat-, and was elected. Respondent Sarfraz filed election petition challenging validity of his election, which was accepted vide judgment dated 20-12-1992. Operative portion is reproduced below:--

"Issue No. 3 has been decided against the petitioner, therefore, he is not entitled for declaration that he is a peasant with the, meaning of section 3(89) of Balochistan Local Government Ordinance, 1980. Similarly, the issue No. 4 has been also decided against respondent No. 1 holding that he is not a peasant as stipulated under law. In view of evidence discussed it is held that on the day of nomination papers the respondent No. 1 wag not qualified as a peasant, therefore, the ,election of returned candidate i.e. respondent No. 1 Allah Dad son of Haji Dad Muhammad is declared as null and void. Under the circumstances, fresh election for the special seat reserved for peasants for District Council, Nasirabad is ordered to be held. There is no order as to cost. The record of the case is ordered to be submitted to Election Authority as required under Rule 73(2) of Balochistan Local Government (Elections) Rule, 1983."