Law:

Section:

Punjab Local Government Ordinance (vi of 1979)-----S. 24---Punjab Local Councils (Election Petitions) Rules, 1979, R. 12--­Constitution of Pakistan (1973), Art. 185(3)---Election---Votes, recounting of--­Petitioner filed applications alleging therein that election record had been tampered with and therefore election material be opened in the presence of Presiding Officer, that record of double lock of the male polling booth be summoned and that seals of bags containing election material were broken--­Contention that applications of the petitioner had been arbitrarily dismissed and that the Election Tribunal should have held inquiry---High Court held the inquiry and arrived at the conclusion that order passed by the Election Tribunal was unexceptionable---Leave to appeal dismissed. ORDER JAVID IOBAL, J.--This petition for leave to appeal is directed against the judgment of the Lahore High Court Lahore dated 22 January 1989 whereby writ petition of the petitioner was dismissed. Briefly the facts are that the petitioner and respondent No.l contested election for membership of Municipal Committee Kasur from Electoral Unit No.28 held on 30th November 1987. The petitioner was declared elected. Thereupon respondent No.l challenged his election by way of election petition alleging that the Presiding Officer had illegally rejected his valid votes and wrongly accepted invalid votes of the petitioner. In the course of the hearing recounting of votes was sought. However, the Election Tribunal dismissed the petition whereupon respondent No.l challenged his order before the Lahore High Court. By way of writ petition and the case was remanded to the Election Tribunal with the direction to recount the votes and then to decide the case on the basis of the result of his count. When the matter was reheard the petitioner filed different applications one after the other stating that the election record had been tampered with and that therefore the election material be opened in the presence of the Presiding Officer. He also filed an application requesting that the…

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