Law:

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North-West Frontier Province Local Council (Election Petition) Rules, 1979--R.32--Election--Local Council--Plea on which Election Tribunal allowed election petition was not taken in the pleadings--No evidence was available either to support the plea that three minors had voted or that two of them had voted m favour of the respondent--High Court thus was right in interfering with order of Election Tribunal whereby it had set aside the election on such plea. Mian Yunis Shah, Advocate Supreme Court instructed by Mian Shaktrullah Jan, Advocate-on-Record for Petitioner. Qazi M. Anwar, Advocate Supreme Court for Respondent No.2. Nemo for the Remaining Respondents. Date of hearing: 8th April, 1989. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought in a Local Council Election matter, against the acceptance by the High Court, of respondents' constitutional petition. The petitioner obtained 195 votes while the contesting respondent No.2 had 196 votes. On election petition a learned Tribunal set aside respondent's election and declared the petitioner as elected. According to learned counsel three voters, namely, Izharullah, Naveed and Rehman Ullah, who were minors, did cast their votes and two out of them; namely, Izharullah and Naveed voted for the said respondent. Accordingly it was found in petitioner's favour by the Election Tribunal that the respondent's votes having been reduced to 194 the petitioner had gained the majority by obtaining 195 votes. In the impugned judgment the main consideration which weighed with the High Court was that the plea on which the Election Tribunal allowed the petitioner's…

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