1. ' MUZAFFAR ALI, J.--- Through this writ petition, the petitioner has called, the order dated 9-8-2007, passed by the learned Election Tribunal Chillas, into question, whereby the learned Tribunal has dismissed the application filed by the petitioner for rejection of the election petition, hence, this petition before this Court.
2. ' The facts of the case are as under that the petitioner as well as the respondent No,1 contested the election for the seat of Municipal Committee, Chillas held on 13-10-2004. Resultantly the petitioner was declared returned candidate and the respondent No,1 being dissatisfied of the declaration, filed election petition before the Election Tribunal, Diamer.
3. ' The petitioner submitted replication before the Tribunal in response to the election petition, whereby he raised factual as well as legal objections against the petition. The learned Tribunal framed as many as 13 issues out of the pleadings, among which, 6 issues are legal or preliminary in nature.
4. ' On 19-10-2006, the present petitioner moved an application under section 55, N.As. Local Government Election Rules before the learned Tribunal, praying disposal of the petition on issues 1 to 6 which are legal in nature. The learned Tribunal heard the parties on the application and dismissed the application vide order, dated 9-8-2007 and the impugned order gave birth to this writ petition.
5. ' We heard the learned counsel for the parties and perused the impugned order. The learned Tribunal has not discussed all the six legal issues, while under law, it was incumbent upon him to discuss the all, in dealing with the application, furthermore, the learned Tribunal has based the order on the principle that "matters before Courts of law should be dealt with on merits rather to go into technicalities". The principle adopted by the learned Tribunal is correct in proper cases, but it is not universal as to apply it in all cases, no doubt the technicalities might be avoided by the Courts of law unless unavoidable. All pure legal issues do not come within the ambit of mere technicalities, but several touch the merits of the case, and the matters before the Court of law might be disposed of, finally on the same, as such, the law givers have provided Order XIV, rule 4 and order XV, rule 3 in C.P.C. To enable the Courts to meet any such situation in any case, learned lower judiciary is directed to get guidance of the above provisions, whenever they face situation like above.
6. ' The above discussion compels us to accept this writ petition, therefore, the matter is remanded back to the Election Tribunal to dispose of the application on all issues mentioned in the application, after hearing the parties. File.