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Constitution of Pakistan (1962)------Art. 98-Election dispute--­High Court pronouncing result of election after adjudicating on validity or invalidity of two disputed votes which depended purely o« allegations of fact requiring investigation-High Court, held, have out-stepped its jurisdiction in assuming duty of Election Tribunal---Case remanded to Election Tribunal for decision afresh in accordance with law. Aftab Hussain, Senior Advocate Supreme Court (R. A. Jeremy, Advocate Supreme Court with him) instructed by M. Siddiq Senior Attorney for Appellant. D. M. Awan and Pervaiz Akhtar, Advocates Supreme Court instructed by M. B. Khizar Tamimi, Attorney for Respondent No. 1. Respondents Nos. 2 and 3 : Ex parte. Date of hearing : 4th December 1968. JUDGMENT SAJJAD AHMAD, J.-In tilts appeal the dispute relates to the election to the office of the Chairman, 'Town Committee (District Muzaffargarh), which was held on lire 30th of November 1966. The appellant-Muhammad Anwar Qamar and the respon­dent Sh. Allah Wasaya, were the only contestants for this office. The total vote;; cast were 5 out of which 3 bearing serial Nos. 3, 4 and 5 were found to be cross-marked in favour of the appellant and 2 bearing Nos. 1 and 2 in favour of the respondent-Sh. Allah Wasaya. On a count ballot paper No. 3 was rejected by the Presiding Officer as it bore a tear mark which he thought dis­closed the identity of the voter and offended against the secrecy of the ballot. This finding equalized the votes of the two contestants and lots were drawn between them in which the appellant emerged as the victor although he had staged a walk out in protest against the drawing of lots. Dissatisfied with this result the respondent moved an election petition to the Controlling Authority (Mian Ahmad Shafi, Collector, Muzaffargarh) who acted as the Election Tribunal. His case before the Election Tribunal was that ballot paper No. 4 counted for the appellant which bore two cross-marks, one against his and the other against that of the appellant should have been rejected as invalid thus yielding to him a majority in the voting and he should have been declared as the elected Chairman. During the proceedings…

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