FAIZ MUHAMMAD Versus NOOR MUHAMMAD

The petitioner has filed this writ petition against the order of Deputy Commissioner/ Election Tribunal, Toba Tek Singh on the short ground that the impugned order dismissing the petitioner's election petition proceeds on misreading and misapplication of Rule 9 of the Punjab Local Council Election Petition Rules, 1979. The case has been called. none has appeared for the respondents. They are accordingly. ordered ex parte.

2. We have perused the impugned order of the Election Tribunal, dated 3rd October, 1984 and find that indeed the Tribunal was not conscious of the true character of the powers vested in it by virtue of Rule 9 relied upon by the learned counsel for the petitioner. That rule properly construed would have brought home to the Election Tribunal that it vested in it the discretion in such like matters and there was no obligation for it to follow only the course of rejection of election petition. We have already delivered a judgment in W.P. 907 of 1985 where elaborate reasons have been given in respect of the same law point. We feel that a mere repetition to cover the same field would be unnecessary. In this view of the matter we are of the opinion that the Tribunal below has patently misconstrued the nature of powers and jurisdiction vested in it by Rule 9 of, the aforesaid rules.

3. The next question for consideration would be as to what further order should be passed. A remand of the case appears to be called for because the matters have been left undecided by the Tribunal below in the light of the true state of law. The impugned order is accordingly declared to be without lawful authority and of no legal effect and the case is remanded for fresh disposal in accordance with law. Since nobody has appeared to contest this petition there would be no order as to costs.

S. Q./F‑69/L Case remanded.