Law:

Section:

(a) Punjab Local Councils Election Petitions Rules, 1979-----R. 34--Civil Procedure Code (V of 1908), O. XXIII, R.3-­Constitution of Pakistan (1973), Arts. 185(3) & 199--Compromise of suit--Interference by High Court in Constitutional jurisdiction-­Validity--Decision based on unreliable record--Effect--Election petition challenging result of local council election--Contesting parties agreeing to fresh counting of votes for disposal of petition--Original record containing ballot-papers found tampered with--Tribunal enforced agreement despite objections of respondent about tampering of record and its perversity and rejected his request to produce witnesses to establish it--Decision challenged in Constitutional petition--Tribunal's order being based on unreliable record which had been tampered with, was set aside by High Court and proceedings remanded to Tribunal for trying election petition in accordance with law--Order impugned--Supreme Court being of view that High Court's order bringing parties to position which existed immediately before compromise was just and proper because it might be arduous for Tribunal itself to go into question as to who committed tampering and to what extent--Judicial or quasi-judicial determination to inspire confidence and to command respect, must be based on record or material beyond suspicion and reproach--Petition having no merit, leave to appeal refused. (b) Civil Procedure Code (V of 1908)-- ---O. XXIII, R. 3--Constitution of Pakistan (1973), Arts. 185(3) & 199--Election petition--Compromise--Contesting parties agreeing to disposal of petition on fresh counting of votes--Original record containing ballot-papers found to be tampered with and unreliable-­Election Tribunal enforcing compromise despite objections raised by respondent about tampering of record and its perversity and rejecting his request to produce witnesses for establishing it--Order challenged in Constitutional petition--Decision of Election Tribunal set aside by High Court holding that on discovery of election record having been tampered with and parties being in oblivion of this situation when arriving at the agreement and acting under a common mistake…

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