2005 PLP 1851 (SCMR)

IFTIKHAR MUHAMMAD CHAUDHRY, J.

This petition has been filed for leave to appeal against the judgment, dated 27th July, 2004 passed by the I.C.A. Bench of Lahore High Court, Lahore, whereby order dated 26th April, 2004 passed by learned Single Judge in Constitutional petition has been set aside and on taking into consideration. Report of Presiding Officer submitted by him through Returning Officer on 29th March, 2004, re-polling in Polling Station No.4 Girls Primary School, Malik Pur has been directed.

2. Precisely stating the facts relevant for disposal of instant petition are that after the polling on the seat of Nazim at Union Council No. 148 the District Returning Officer, Nankana, recommended re-polling of two polling stations i.e. Nos.4 and 5 on the basis of allegation that polling was stopped forcibly and ballet-papers were snatched from the staff and 173 votes were cast forcibly in favour of petitioner who was candidate for the seat of Nazim. The notification of re-polling was challenged by the petitioner before the High Court in Writ Petition and the learned Single Judge accepted it on 26th March, 2004. Against this order I.C.A. was filed by the respondent No.7 which has partially been allowed as such instant petition for leave to appeal has been filed.

3. Learned counsel for the petitioner contended that there is a controversy in respect of happening of an untoward incident at Polling Station No.4, therefore, report submitted by the Presiding Officer through District Returning Officer, was not acceptable, as such learned I.C.A. Bench may have not pressed into service the provisions of Rule 29(2) of the Punjab Local Government Election Rules, 2001. Thus, impugned judgment deserves to be set aside.

4. We have heard the learned counsel for petitioner and have also gone through the report, which has been relied upon by the learned I.C.A. Bench. It is to be noted that admittedly at the Polling Station No.4 total 183 votes were cast, out of which petitioner got 177 votes. As far as 6 votes are concerned those were declared invalid. Report of such result was submitted by the Presiding Officer to District. Returning Officer who accepted the same and ordered for re-polling in two Polling Stations. On independent examination of controversy between the parties, no other conclusion can be drawn except that smooth polling had not taken place at this polling station because it is not possible that out of 183 votes petitioner will alone be polled 177 votes and remaining 6 votes will be declared invalid. Therefore, we are of the opinion that for such reason the report submitted by Presiding Officer through District Returning Officer concerning snatching of votes etc. seems to be correct and the learned I.C.A. Bench has rightly passed impugned order. Thus, in view of above discussion we are of the opinion that it would not be in the interest of justice to interfere in impugned judgment. As such petition is dismissed and leave declined. M.H./W-10/S Petition dismissed.