' ANWAR ZAHEER JAMALI, J. --- This appeal under Section 67(3) of the Representation of People Act, 1976 is directed against the judgment dated 12.11.2014, passed by the Election Tribunal Multan in Election Petition No. 351 of 2013, whereby the result of the appellant as returned candidate from PP- 226 Sahiwal-VII in general elections 2013 was set aside on the ground that in his nomination form he falsely declared himself LL.B.
2. We have heard arguments of the learned ASC for the appellant at some length and with his assistance perused material placed on record.
3. Apart from some serious questions as to the maintainability of election petition, before the Election Tribunal Multan, due to violation of provisions of Representation of People Act, 1976, as detailed in the memo of appeal, learned ASC for the appellant referred before us the judgment of the Civil Court dated 16.09.2014 passed in favour of the appellant, declaring his LL.B. degree as valid: further maintained by the Appellate Court vide its judgment passed in Appeal No. 311 of 2014, which attained finality as no further challenge was thrown by anybody for such qualification of the appellant.
4. On the other hand, the learned ASC for the only contesting Respondent-1, Chaudhry Saqib Naseeb Gujjar, has placed appearance and conceded to the relief claimed by the appellant in the appeal and made further request that Respondent No. 1, being petitioner before the Election Tribunal Multan, may be permitted to withdraw his petition.
' In view of the submissions made by the learned ASC for the appellant and the conceding statement made by learned ASC for Respondent No. 1, we are of the view that in the facts and circumstances of the case, it will be in the interest of justice that the relief claimed in this appeal shall be granted to the appellant, being holder of a valid degree of LL.B. in terms of the judgment of the Civil Court dated 16.09.2014, which had attained finality. Furthermore, the election petition filed before the Election Tribunal also suffer from many material illegalities in the light of judgments reported as Zia-ur-Rehman v. Syed Ahmed Hussain and others (2014 SCM R 1015), lnayatullah v.
Syed Khursheed Ahmed Shah and others (2014 SCM R 1477) and Lt. Co/. (Rtd.) Ghazanfar Abbas Shah v. Mehr Khalid Mehmood Sargana (2015 SCM R 1585), which were not duly taken into consideration by the Election Tribunal.
6. This being the position, with the consent of the only contesting Respondent No. 1 in the case, this appeal is allowed, impugned judgment of the Election Tribunal, Multan dated 12.11.2014 is set aside and the Election Petition No. 351 of 2013 ECP, 15/2013 ETM is dismissed.