ABDUL NASIR and another vs ELECTION TRIBUNAL, TOBA TEK SINGH and others

' MUNIR A. SHEIKH, J.---This petition is directed against the judgment dated 27-8-2002 of a Division Bench of the Lahore High Court, Lahore. Whereby Intra-Court Appeal No,657 of 2002 filed by the petitioners against the judgment dated 15-8-2002 of a learned Single Judge in Chamber of the said Court passed in Writ Petition No,12173 of 2002 upholding the judgment dated 1-7-2000 of the Election Tribunal of acceptance of election petition of respondents Nos.2-3 in respect of election for the posts of Nazim and Naib-Nazim of Union Council No,272, Faisalabad, has been dismissed.

2. On conclusion of the polling and after counting of the ballot papers, petitioner's panel was declared to be returned candidates by majority of 65 votes against respondents Nos.2-3. They filed election petition before the Election Tribunal alleging that during the process of polling at Polling Stations Municipal Committee Girls School and Municipal Dispensary, Sher Singh Wala, Faisalabad, was interrupted on account of procession (Hallah Gullah), polling boxes were lifted and ballot papers were also torn. It was contested by the petitioners. The Election Tribunal after considering evidence produced by the parties, came to the conclusion that election in the said union council for the posts of Nazim and Naib Nazim had been materially affected as a whole therefore, it was ordered that fresh election should take place in the said union council for the said posts against which Constitutional petition and intra-Court appeal filed by the petitioners have been dismissed through the impugned judgment dated 27-8-2002 by a Division Bench of the High Court against which leave is sought.

3. Learned counsel for the petitioners submitted that there is evidence that after procession (Hallah Gullah) was over, the election was restarted at about 2-30 p.m. And continued up to 6-30 p.m. Or 8-30 p.m. After which in the presence of representatives of the parties counting was made who received result sheets by giving their signatures therefore, they were estopped from raising any objection about the election on the ground of procession (Hallah Gullah). The argument has no merits, it was established as a matter of fact that on account of procession (Rallah Gullah), the ballot boxes were lifted and ballot papers torn. The Election Tribunal came to the conclusion that the election as a whole was materially affected which findings of facts do not suffer from any illegality.

4. Learned counsel for the petitioner admitted that an objection was also taken that election petition was liable to be dismissed on the ground that annexures appended with the same were not verified as required by law. This argument has also no force. This question has been decided in the case of S.M. Ayub v. Syed Yusaf Shah and others PLD 1967 SC 486 in which it was held that mere defect regarding verification of election petition would not render the same unmaintainable, therefore, the argument is hereby repelled.

5. Learned counsel for the petitioner submitted that election if at all was adversely affected, it was in relation to the two polling stations i.e, Municipal Committee Girls School, Sher Singhwala and Municipal Dispensary, Sher Singhwala, therefore, re-election should have been ordered in these two polling stations. Learned counsel frankly admitted that this ground was neither taken in Constitutional petition nor in the Intra-Court appeal before the High Court. We are not inclined to allow the petitioners to raise this ground at this belated stage.

6. For the foregoing reasons, the impugned judgments do not suffer from any illegality, therefore, this petition is dismissed and .