' ABDUL GHIAS NOUSHERWANI (MEMBER).--- The appellant assailed the order dated 28-4-2014 wherein the petition of respondent No,3 Muhammad Zahid was allowed to the extent of reelection in ten polling stations.
2. The details of facts find elaborate mention in the judgment handed down by the Learned Presiding Officer but the long and short of such facts are that the background of present litigation has a chequered history. Initially election between two panels of livestock people workers union were held under the supervision of a retired officer who himself was ex-president of the union. Such elections were challenged before Learned Presiding Officer Labour Court 1st Balochistan Quetta in Case No,5 of 2013 which was disposed of by means of judgment dated 19-6-2013 with the following conclusion:--- "In view of all the discussed situation, documents. The contents of petition and rejoinder filed by respondents. It is decided that involvement of respondent No,2, which is necessary in the matter in hand being Registrar Trade Union, Balochistan. So, I refer the matter to respondent No,2, to conduct fair election of the unions for the terms of two years from 2013 to 2015, in a democratic way under his supervision being impartial towards both panels within the period of two months from the date of this judgment, after providing ample opportunities to the panel according to law and procedure mentioned in Balochistan Industrial Relations Act, 2010."
3. The above said order was challenged before this Tribunal which was upheld by means of judgment dated 4th October, 2013 with the following observations:--- "In view of discussion made hereinabove the learned Labour Court was justified for direction of holding fresh election between the parties in a fair manner. Therefore the order/ judgment passed by learned Labour Judge dated 19-6-2013 is upheld. Consequently appeal is dismissed having no force with no order as to cost."
4. This judgment challenged before Honorable High Court of Balochistan in C.P. No,741 of 2013 which was disposed of by means of order dated 28-11-2013 with the following directions:--- "The learned counsel for the parties after considering this fact in the light of the Constitution, agreed that they have no objection if every member of the Union is allowed to contest the election for each seat independently as well as a panel. The Registrar Trade Union stated that since the date of submission of Nomination Papers is tomorrow i,e, 29th November 2013, therefore, the time for submission of the Papers and the date of election be extended so as to enable the interested candidate(s) to submit his/their Nomination Papers. The counsel for the petitioner showed no objection for extension of time of the schedule and the election. He stated that in view of such statement, the petition be disposed of.
' Thus, ten days time is granted and the Registrar Trade Union is directed to provide fresh schedule for the election including the fresh date for election. The Nomination Papers already submitted by any candidate or a panel should be considered.
' The petition is disposed of accordingly."
5. After above mentioned order Mr. Jamil Ur Rehman research officer was appointed as Chairman of Election Committee and with the consent of the parties election schedule was announced and list of polling stations/booths were also prepared with the consent of the parties and thereafter election was conducted on 12-2-2014 and result was prepared and announced on 17-2-2014 and 19-2-2014 respectively. The respondent No,3 being aggrieved submitted election petition before Registrar Trade Union Balochistan which was not considered and ultimately approached Learned Labour Court where the petition was allowed for re-election of the following polling stations/booths.
(1) Kohlu (2) Pishin (3) Loralai (4) Zhob (5) Dukki (6) Kalat (7) Khuzdar (8) Turbat (9) Musakhail (10)
Dera Bughti.
6. Being aggrieved by impugned order dated 28-4-2014 the appellant approached this Tribunal by means of instant appeal.
7. The learned counsel for appellant contended that all the election schedule/proceedings were conducted with the mutual consent of the parties. Further contended that before election and during polling no such objection has been raised. Next contended that the Learned Presiding Officer summarily taken into consideration the letter with regard to change of office bearers and on the basis of such letter Learned Presiding Officer passed impugned order though the date under the signature of Registrar Trade Union is 19-2-2014 but considered the date mentioned in the heading of letter as 19-1-2014 which is clerical mistake. Further contended that according to prayer clause of petition before Learned Presiding Officer the same was not competent for the reason that petition was filed on 6-3-2014 whereas change of office bearers was issued on 19-2-2014. Lastly contended that without framing issues and recording evidence it was illegal to believe that voters of the opposite party were not allowed to cast their votes and result was prepared on the basis of ragging. The learned counsel for respondent No, 3 while supporting the impugned judgment contended that in the light of letter dated 19-1-2014 no issue was required to be framed and need no evidence to be recorded. Further contended that result of election was based on unlawful preparation of result sheets by the Presiding Officers. Lastly contended that his petition dated 14-2- 2014 was not considered by the Registrar Trade Union which itself indicate the favoritism of Registrar Trade Union towards the opposing party. The representative of respondents Nos.1 and 2 while opposing the order impugned contended that election schedule/proceedings of election were held with the consent of both the parties. Further contended that letter with regard to change of office bearers was issued on 19-2-2014 but inadvertently at the heading of letter the date was mentioned 19-1-2014. Lastly contended that Mr. Jamil ur Rehman research officer was appointed with the consent of the parties and at that time no objection raised and election was conducted honestly and fairly.
8. Taking into consideration the arguments advanced by the learned counsel for the parties and examination of available record it is necessary that the grievance of petitioner before Learned Labour Court and observation of Learned Presiding Officer be examined. In petition at Paras Nos.8, 9 and 10 it is stated as under:- "8. That on 12-2-2013 the polling was started normally in 14 polling stations out of 24 but unfortunately the voters of the petitioners panels were did not allowed to cast their votes in favour of the petitioner voters, infect, the polling booths were also changed without intimating the petitioner and bogus were polled with the connivance of the respondents Nos.1 and 2 with their staff, that it is important to mention here that the workers/members of livestock Peoples workers union in following polling stations are not allowed to cast the votes but their votes were polled by the polling staff himself list of the polling station are given as under:---
(i) Kohli, (ii) Pashin, (iii) Loralai. (iv) Zhob, (v) Dukki, (vi) Kalat, (vii) Khuzdar, (viii) Turbat, (ix)
Musakhail, (x) Dera Bughti."
9. That due to the bogus polling in above listed polling stations the respondent No, 3 was succeeded to win a fix election with the help of respondents Nos.1 and 2, which is highly unfair and uncalled for, that, as per result announced by the respondent No, 2 the panel of petitioner was succeeded to get 1020 votes and votes counted in favour of the respondent No, 4's panel were 1373, copy of the final result sheets issued by respondent No, 2 is attached here with as annexure 'F'.
10. That the result announced by the respondent No,2 was surprising for the workers/members of the trade union and they are also protested against the clear rigging committed by the respondents in polling that the petitioner straightaway filed a complaint on 14-2-2014 before the respondent No,1 but unfortunately he also illegally favored the respondents Nos.2 and 3 and no action upon the complaint of the petitioner was taken by him, hence this petition. (Copy of complain filed by the petitioner dated 14-2-2014 is attached here with as Annexure 'G')."
9. Accordingly the prayer clause of petition is also reproduced as under:--- "It is therefore respectfully prayed that this honorable court may please be declare the election of livestock peoples workers union, null and void and respondent No, 1 may kindly be restrained to not to issue change of office-bearers notification/order and further be directed to form a impartial election, chairman and committee for re-election of livestock peoples workers union in the interest of Justice."
10. The presiding officer while discussing the arguments of learned counsel for the parties and going through the documents relied upon by the parties observed at Paras Nos.10 and 11, as under.
"The respondent No, 1, relied upon the documents are the Form M, Form R, From N, From 0, and From P. On the Polling Stations of Kohlu, Dera Bughti, Loralai, Zhob, Pishin, Khuzdar, Dukki and Kalat, the signature of the Agents of petitioner and Thumb Impression of one Saddam Hussain son of Muhammad Hussain Agent at Zhob are lying. While the Forms M, N, 0, R, P of Kech Turbat and Musa Khail are not having any signatures of the Agents of petitioner's Panel, nor any Thumb-Impressions of Agents are available. Further the Forms of Kech Turbat and Musa Khail are disclosing that these have had not properly been filled up. Meaning thereby, the respondent No, 2, Chairman Election Committee neither has bothered about, nor has considered the same. It shows his complete negligence towards the conduct of Election and its prior preparation. During compiling the result, it was the duty of respondent No,2 to consider the complaint of petitioner submitted before respondent No,1 on 14-2-2014. Even the respondent No,1, has not taken the notice of the same. The documents submitted by respondent No,1 are very important documents whereupon he relied, but are creating doubt and are favouring the contention of petitioner. Again it is important to be noted here that letter issued by the Director Labour/Registrar Trade Union on 19th January, 2014 in regard of Change of Office Bearers for the year 2014-16, submitted by respondent No,1, along with the rejoinder to Stay Application is being reproduced as below."
11. From perusal of above mentioned submissions of the petitioner and observations made by learned Presiding Officer it is clear that such submissions and observations cannot be proved without framing issues and recording evidence that by whom and how the rigging was made.
Further it requires evidence that how the voters of respondent were not allowed to cost their votes and who had cost their votes in which manner with the connivance of Presiding Officers. It is settled principle of law that who makes allegations he has to prove such allegations by means of reliable evidence.
12. The impugned order based on the allegation that election was held on 12-2-2014 result was prepared and announced on 14-2-2014 and 19-2-2014 respectively whereas letter of change of office bearers was prepared and issued on 19-1-2014. Gone through such letter. Admittedly in the heading of letter 19-1-2014 is mentioned whereas it indicates in the body of letter as under:--- "Reference Election held on 12th February, 2014 conducted under the supervision of Registrar Trade Unions, Balochistan between the two contesting panels namely Ittehad Panel and Democratic Panel. Ittehad panel, Livestock Peoples Workers Union Balochistan secured maximum number of votes and was declared successful."
' Secondly under the signature of Director Labour Welfare, Registrar Trade Union indicates the date 19-2-2014. Thirdly note portion/summary with regard to change of office bearers also indicates the date 19-2-2014 which is available on record. Finally the dispatch register was also produced by the representative of respondents Nos.1 and 2 which also confirmed the date of issuance of letter of change of office-bearers as 19-2-2014.
13. In such situation no decision/observation can be made without framing issues and recording evidence. Therefore, the appeal is partly allowed. The order impugned is set aside and matter is remanded to learned Presiding Officer 1st Labour Court Balochistan for framing issues according to the pleadings of the parties and recording evidence. In view of such evidence a legal decision be made strictly according to law and procedure and may not be influenced upon, the comments/ observations pointed out in this judgment. The matter pertains to election dispute the Learned Presiding Officer is directed to complete the matter in a shortest possible time by means of day to day hearing/proceedings. However, the parties are left to bear their own costs.
14. The copy of order along with original record of trial Court be sent to trial Court. Case after completion be consigned to record.