Haji MUHAMMAD SHARIF vs Sh. MUHAMMAD ANWAR SAEED And Other
This matter concerns a petition for leave to appeal filed by Haji Muhammad Sharif against a High Court judgment that dismissed his writ petition challenging an Election Tribunal's order. The petitioner, who had won the election for Electoral Unit No. 70-LMC, faced an election petition filed by the respondent alleging illegalities and irregularities. The Election Tribunal accepted the respondent's petition, and the High Court subsequently upheld this decision after reviewing the evidence. Before the Supreme Court, the petitioner sought a re-appraisal of the evidence already considered by the lower courts. The Supreme Court held that the contentions raised by the petitioner essentially requested a factual re-evaluation, which had already been conducted by the High Court. Affirming the finality of the concurrent findings of fact recorded by the courts below, the Supreme Court declined to re-examine the evidence. The petition was dismissed on the principle that the Supreme Court will not interfere with concurrent findings of fact in the absence of a substantial question of law not previously settled.
- Will the Supreme Court re-appraise evidence that has already been considered by the Election Tribunal and the High Court?
- Can a petitioner seek leave to appeal on grounds that merely request a re-evaluation of factual findings?
- Does the Supreme Court interfere with concurrent findings of fact recorded by lower courts in election matters?
ORDER
ASLAM RIAZ HUSSAIN, J.--Haji Muhammad Sharif petitioner seeks leave to appeal against the judgment of the High Court, dated 22-4-1986, dismissing his writ petition against the order of the Election Tribunal, relating to election to a seat in the Local Government Elections.
2. Facts are that Muhammad Sharif petitioner, Sh. Muhammad Anwar Saeed respondents Nos. 1 and 3 others, contested the election from Electoral Unit No. 70-LMC, held on 28-9-1983. Haji Muhammad Sharif petitioner secured the highest number of votes, defeating Sh. Muhammad Anwar Saeed respondent No. 1 by 283 votes. The latter filed an election petition before the Election Tribunal against Haji Muhammad Sharif petitioner, alleging certain illegalities and irregularities. A number of witnesses were produced by the respondent in support of the said allegations and the Election Tribunal accepted the election petition vide order, dated 5-4-1986.
Feeling aggrieved the petitioner filed a writ petition before the High Court, which re-considered all the evidence on the record and upheld the order of the Election Tribunal.
3. We have heard the petitioner's counsel as well as the learned counsel for the respondent- caveator at great length. No question of law which has not already been decided by this Court was raised by the petitioner's counsel. The contentions raised by him mainly amounted to a prayer for reappraisal of evidence on the record, which has already been reappraised by a Division Bench of the High Court although it (in the High Court) was not required to do so in view of the facts and circumstances of this case. We do not, therefore, consider it proper to go through the evidence all over again merely to reverse findings of fact recorded by the two Courts below.
The petition is consequently dismissed.