QADIR BAKHSH Versus AHMAD YAR
Through this election petition Malik Qadir Bakhsh, petitioner, has challenged the election of Malik Ahmad Yar,. respondent, to Provincial Assembly from Constituency PP‑218, Bahawalpur.I and prays that re‑election on this seat may be ordered. The respondent contested this petition and filed written statement on 12‑11‑1985, controverting the allegations.
2. After framing of issues, 22‑10‑1986 was fixed for recording the evidence of the petitioner, but on that day the petitioner instead of producing his evidence, moved an application praying that his petition may be decided after recounting the votes of candidates, which application was, however, dismissed on 9‑12‑1986 and then with consent of parties the case was fixed for 21‑11‑1987 for recording petitioner's evidence at Bahawalpur. On that day the petitioner sought adjournment as his witnesses were not in attendance, whereupon the case was adjourned to 26‑6‑1987.
3. On 25th June, 1987, learned counsel for the petitioner requested for adjournment saying that the petitioner was absent, therefore, he may be given time for ascertaining from him if he wanted to prosecute this petition or not, therefore, case was put off to 15‑7‑1987, when the petitioners counsel expressing his inability to contact him requested that the petitioner be sent a notice for his personal appearance. Accordingly, a notice through registered post was sent .to him for today. Learned counsel for the petitioner informs that he had sent two registered letters, one on 25‑6‑1987 and the other on 16‑7‑1987 under postal receipts No.354 and 356 (placed on record) to the petitioner but he did not contact him. On inquiry by me, learned counsel submitted that the petitioner has not informed him that he wants to produce 'evidence in the case or not? The conduct of the petitioner shows that he has lost all interest in the prosecution of this petition. Furthermore, despite, a notice for appearance for today under section 61 of Representation of People Act, 1976, the petitioner has not entered appearance, so there is no option but to dismiss his petition for default under section 76 of the aforementioned Act. There shall be, however, no order as to costs.
H . B . T. /27 /E Election petition dismissed.