1994 PLP 487 (CLC)

Malik Asif Majeed Awan for Petitioner. Babu Bashir Ahmed petitioner lost the District Council Gujrat Election from Halqa No.6 and his election petition under section 24 of the Punjab Local Government Ordinance (No.VI of) 1979 is pending decision before the Election Tribunal, Gujrat, in which next date of hearing is 19‑12‑1992. The pleadings of the parties before the Election Tribunal gave rise to the following issues:‑‑ (1) "Whether the petition is liable to be dismissed in view of preliminary objections 1 to 4 taken in the written statement. . (2) Whether the respondent was below the age of 25 years at the time of filing of the nomination paper and thus ineligible to contest the election? ' (3) Relief." During the trial of the election petition, one S. Mazhar Ali, Headmaster, Islamia High School, Gujrat was examined by him as AW.1. In his statement the said witness deposed about the destruction of the record of the school. This witness was cross‑examined on behalf of the election‑petitioner for the reason that his statement regarding the destruction of the school record was, mala fide. The permission to cross‑examine him was allowed with the rider that the objection by the other side will be considered, later. After the statement of AW.1 before the Election Tribunal, an application for leading additional evidence on behalf of the petitioner, was filed there praying for the summoning of the record from the Board of Intermediate and Secondary Education, Gujranwala through the Record‑Keeper of the Board. This application was dismissed by the Election Tribunal on 27‑10‑1992 holding that neither the Record‑Keeper of the Board of Intermediate and Secondary Education, Gujranwala fords mention in the list of witnesses nor any proof has been led by the petitioner in support of his plea that the record of the Municipality` has been tampered with.'

2. Learned counsel for the petitioner has argued that as Azhar Hussain respondent is a very influential person, there are very bright chances that he might have succeeded in having the records of Islamia High School, Gujrat as well as the record of the Municipality, Gujrat tampered with/forged and therefore the application of the petitioner does not appear to have been decided after keeping in view the above apprehension. I am afraid the contention loses sight of the fact that the reasons advanced by the respondent election Tribunal in its impugned order dated 27‑10‑1992 have not been shown to be incorrect in any measure whatsoever. It is not the case of the petitioner that he had summoned the Record‑Keeper of the Board of Intermediate and Secondary Education, Gujranwala at the time when he summoned his ,witnesses in terms of rule 8(1)(aa) of the Punjab Local Councils (Election Petitions) Rules, 1979 or that he had led any evidence to the effect that the record of the Municipality has been tampered with. No illegality much less any jurisdictional error, has been pointed out by the learned counsel to justify any interference in the order dated 27‑10‑1992. This petition is sans merit and is liable to be dismissed in limine. So be it. H.B.T./B‑57/L. Petition dismissed.