Law:

Section:

(a) Cantonments Act (II of 1924)-S. 15-BB [as inserted by Cantonment (Second Amendment) Ordi­nance (XLVI of 1979), S. 2]-Election Contest on party basis ­Photographer examined at length and giving a graphic account of what he did at election in so far as taking of photographs concerned Such part of deposition separable from part relating to formal averment contained in his affidavit sworn earlier-Held : Nothing illegal or against any principle in Election Authority accepting photographer as truthful witness and independent on account of his conduct and then relying on his statement furnishing very strong support to deposition of defeated candidate-Finding of fact with regard to controversy raised before it having been given on overall assessment of evidence by Election Authority, no exception could be taken to findings thus recorded.-[Witness-Election] (b) Constitution of Pakistan (1973)- -- -Art. 199-Writ jurisdiction-Appreciation of evidence-Reappraisal of evidence-Held, not with in ambit of jurisdiction of High Court under Art. 199 and High Court properly justified in refusing to interfere with appreciation of evidence by Election Authority.­[Evidence]. ORDER MUHAMMAD AFZAL ZULLAH, J.-Leave to appeal has been sought from order dated 23rd August, 1980, in an Intra-Court Appeal, by the Lahore High Court, whereby an order of a learned Single Judge dismissing a writ petition in limine, arising out of a local election, was upheld. The petitioner was a candidate in the local elections held on 6-10-1979. He polled over 600 votes as against about 300 votes of respondent No. 2, who had polled the next highest. The said respondent filed an election petition which was dismissed on 16-10-1979. He then filed W. P. No. 6674 of 1979, in the Lahore High Court which was allowed and the case remanded for fresh decision after rehearing of the election petition. The Election Authority, on remand, by its order dated 12-7-1980, after recording additional evidence, allowed the petition on the ground that the petitioner had fought the election on political basis. A fresh election was, accordingly, ordered. The petitioner then tiled W. P. No. 8001 of 1980, which was dismissed by a…

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