Law:

Section:

(a) Sindh Local Government Elections Rules, 2005--- ----R. 76---Constitution of Pakistan (1973), Art.199---Constitutional petition---Election petition---Corrupt and illegal practice, charge of---Re­counting to ballot papers, application for---Absence of prayer in application for re-counting of counter-foils of ballot papers---Irregularity in counter-foils---Non-recording of evidence of parties---Election Tribunal while deciding such application declared election as a whole void on ground of such irregularity and adoption of such practice by returned candidate in collusion with polling staff---Validity---In absence of prayer in application and without proof of such irregularity, Election Tribunal could not un-seat the returned candidate on such ground---Allegations in election petition in absence of evidence could not be treated as proof against returned candidate---Satisfaction of Election Tribunal had to be objective satisfaction which was absent in the present case---High Court set aside impugned order in circumstances. Muhammad Naeem v. Ashraf 2005 SCMR 1130 and Rana Muhammad Mustafa v. Javed Iqbal Siddiqui 2004 YLR. 993 distinguished. (b) Pleadings-- ---Pleadings of parties could never be treated as evidence. (c) Qanun-e-Shahadat (10 of 1984)--- ---Art. 122---Fact alleged by a party---Burden of proof---Such party had to prove such fact. ORDER AMIR HANI MUSLIM, J.---Through this petition the petitioners have impugned the order dated 18-3-2006 passed by the Respondent No.13 whereby he has declared the whole elections as void as a consequence the petitioners who were declared as returned candidate were unseated. The facts as it appears from the record are that respondents Nos. 1 and 2 contested election for the seat of Nazim and Naib Nazim of U.C. Shah Abdul Latif District Khairpur and the respondents Nos. 1 to 10 were also contesting candidates. The petitioners secured 1726 votes and were declared returned candidates, whereas respondents Nos. 1 and 2 had secured, 1576 votes The respondents Nos. 1 and 2 had challenged the election of the petitioners by way of Election Petition No.7 of 2005, before the respondent No.13 inter alia on the ground of corrupt and…

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