Law:

Section:

Punjab Local Government Ordinance (VI of 1979)---Read with Punjab Local Councils (Election Petitions) Rules, 1979, r. 15-Election Tribunal holding that whole election was void because it was not conducted fairly and irregularities were committed during election-Held, petitioner cannot be allowed to urge on a technical ground for remand of matter to Election Tribunal for re-hearing all over again. ORDER ASLAM RIAZ HUSSAIN, J.-Abdul Rashid petitioner and Abdur Razzak (respondent No. 2) were candidates alongwith four others for the election to be held for Electoral Unit No. 296/G. B of Local Council No. 122, Tehsil Tobatek Singh, District Faisalabad. The petitioner was elected but Abdur Razzak filed an election petition for getting the whole election declared to be void. After hearing the parties, Election Tribunal Sargodha, accepted the same vide its order dated 30-10-1980, and held that in view of the fact that the election was not conducted fairly and irregularities were committed during the election proceedings, the whole election was void. The petitioner challenged this order before the High Court through a writ petition which was dismissed in limine vide the impugned order. Hence the present petition. 2. The only contention raised by the learned counsel for the petitioner was that under rule 15 of the Punjab Local Councils (Election Petitions) Rules, 1979, if such irregularities committed during the election were to affect the result of the election materially the election may be declared void as a whole. But the learned Election Tribunal had not observed in so many words that the…

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