Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

Local Government Election Rules, 1983--- ----Rr. 59 & 56---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 44---Election petition---Evidence brought beyond the scope of proceedings could not be taken into consideration---Petitioner in his election petition had averred that Presiding Officer was kept in illegal confinement by returned candidate and he alongwith his companions affixed stamps on the ballot-papers and polled the same in his favour before the commencement of the election; while evidence brought on record was to the effect that on the day of election, meeting was convened by the Presiding Officer wherein he told the other polling staff that returned candidate having majority votes in that particular ward, for the peaceful elections, no hurdle should be created in his way for the smooth casting of votes---Such evidence being beyond the charges that were levelled in election petition was rightly ignored by the Election Tribunal; and because of material contradictions in evidence, election petition had been rightly dismissed---No interference was warranted with such findings in Constitutional jurisdiction of the High Court. Ch. Muhammad Azam Khan for Petitioner. Muhammad Akram Mughal Addl. A.-G: and Muhammad Siddique Khan for Respondents. ORDER This Constitutional petition has been filed under Section 44 of the Azad Jammu and Kashmir Interim Constitution Act of 1974, to impeach the order dated 9th of June,1992 passed by the Election Tribunal for Local Council Elections, Kotli (hereinafter to be called as Election Tribunal). The facts culminating into the present writ petition, briefly stated are that petitioner as well as respondent No.2 contested elections to a seat for Union Council Kotli Ward   Thorechi. Petitioner secured 1,402 votes whereas respondent got 1,798 votes. Consequently respondent No.2 was declared successful by the Returning Officer within the meaning of relevant Election Rules and accordingly a Notification to that effect was issued by the Collector. District Kotli on 2nd of December, 1991. The petitioner feeling aggrieved filed an election petition before the Election Tribunal on the ground that respondent…