' FAQIR MUHAMMAD KHOKHAR, J.--- The petitioners seek leave to appeal from judgment, dated 13- 11-2002, passed by the learned Judges of a Division Bench of the Lahore High Court in Intra-Court Appeal No,826 of 2002.
2. The petitioners were notified as returned candidates for the office of Nazim and Naib Nazim respectively of Union Council No,163/8, Kamoke, and District Gujranwala. The respondents Nos.1(i) and (ii) filed an election petition to call in question the validity of the election. The same was allowed by judgment dated 29-10-2002 by the Election Tribunal whereby the election of the said Union Council was declared as null and void. The petitioners filed Writ Petition No,19541 of 2002 and Intra-Court Appeal No,826 of 2002, which were respectively dismissed by the Lahore High Court by judgments dated 6-11-2002 and 13-11-2002. Hence this petition for leave to appeal.
3. The learned counsel for the petitioners argued that there was no evidence on record to demonstrate that the petitioners were in any way responsible for the commission of any mal/corrupt (practices) during the elections or that the result of the elections was materially affected. The respondents Nos.1(i) and (ii) had failed to prove issue framed by the Election Tribunal in that regard. The learned counsel submitted that even if the excess votes found from the ballot- boxes of the polling stations as having been cast were excluded from consideration, the petitioners would still have a majority of one vote in their favor in view of difference of 152 votes between the petitioners and the respondents Nos.1(i) and (ii).
4. We have heard the learned counsel for the petitioners at length. We find that the learned Judges in chambers justifiably recorded their finding that the judgment of the Election Tribunal was based on the election record itself and not, merely on the statement of the election petitioners or the affidavits. The Election Tribunal found a discrepant account of votes reflected in Forms No,XIII, XIV and XV in respect of Polling Stations Nos.64,65, 66, 68, 69 and in Form No,XIV for the Polling Station No,70 of the Union Council. The Election Tribunal also recorded finding of fact that 100 votes were found in excess of the ballot-papers issued at Polling Station No,70 which had been smuggled into ballot-box. In the circumstances the Election Tribunal rightly took the view that the result of the election of the Union Council was materially affected. In the peculiar facts and circumstances of the case, the election of the Union Council could not be said to have been conducted honestly, justly, fairly, in accordance with law and in a transparent manner on account of comm,ission of major illegal and corrupt practices during the election. Reference may be made to the case of Muhammad Ishaq v. The Election Tribunal Senior Civil Judge, and others 1984 Law Notes 418 in which this Court had taken the view that mere possibility of mass scale bogus voting at an election was sufficient to defeat a returned candidate. The impugned judgment does not suffer from any legal infirmity, This is not a fit case for grant of leave to appeal.
5. For the foregoing reasons we do not find any merit in this petition and the same is dismissed accordingly.