Law:

Section:

(a) Punjab Local Council (Election Petitions) Rules, 1979-- ----Rr. 9 & 15---Change of polling station by Returning Officer after publication of final list of polling---Validity---Material effect on result of election---Burden of proof---Returning Officer is not authorised to make any alteration in the final list of Polling Stations after its publication---Where the Returning Officer, without prior approval of the Election Authority, shifted the polling station and such change was not notified, result of election had been materially affected by the shifting and election could be declared void as a whole under R.15, Punjab Local Councils (Election Petitions) Rules, 1979---Polling station having wrongly and illegally been shifted, onus of proof that result of election had not been materially affected would be on the elected candidate. ` Abdul Sami v. Abdul Ghaffar PLD 1990 Lah. 378; Ameer Abdullah v. 1luhammad Yakub and another PLD 1967 Lah. 722 and Hakim Ali and others v. Deputy . Commissioner/ Election Tribunal and others PLD 1982 SC 172 distinguished. , (b) Civil Procedure Code (V of 1908)--- ----S. 99---Once the parties had adduced all the relevant evidence which they wanted to produce then the onus and the form of the issue became immaterial---No prejudice having been caused to the party, case would be covered by S.99, C.P.C. ORDER The relevant facts for the decision of this Constitutional petition are that the petitioner and respondents Nos.2 to 5 contested Local Council Elections, 1998 from Ward No. 12, Municipal Corporation, Faisalabad. The petitioner was declared elected. Respondent No.2 challenged his election through petition which came up for hearing on the file of respondent No. 1. The petitioner contested the same. The learned Election Tribunal accordingly framed following 'issues:-- (1) Whether the petitioner has no locus standi to, file the election petition? OPR (2) Whether the petitioner has filed the petition in violation of Election Rules. 1979 and the verification of the documents has not been done as required by Order 6, Rule 5, C.P.C. and what is its effect? OPR. (3) Whether the petitioner is estopped by his conduct from filing the…

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