1. MUHAMMAD AFZAL ZULLAH, J.-- Leave to appeal has been sought from order dated 21-1-1981 of a Division Bench of the Lahore High Court, whereby a writ petition arising out of an election matter, was dismissed.
2. The grievance made by the petitioner in the High Court was that Afzal Hussain, respondent No. 4, was not qualified to contest the election in dispute; as he at the relevant the did not satisfy the condition relating to the ownership of property--that it should be less than five Acres of land. The learned Judges taking note of the fact that the question of the extent of the holding of Afzal Hussain, respondent, had been decided by the election authority "on the basis of evidence on record" and the evidence "was dealt with by the said authority at some length". Therefore, the High Court took the view that there was no reason for it, "to re-examine the same in the constitutional jurisdiction". It was also observed that the Tribunal concerned had the jurisdiction to decide the question of fact, one way or the other; and if according to the petitioner it was wrongly decided against him, this by itself would not render the order impugned in the High Court as "without lawful authority". Accordingly, relying on Muhammad Hussain Munir etc. v. Sikandar etc. PLD 1974 SC 139, the writ petition was dismissed in limine.
3. Learned counsel has in support of this petition, contended that if the evidence would have been scrutinized by the High Court, the conclusion regarding the extent of the holding of Afzal Hussain, respondent, would have been different. This by itself is no ground for granting leave to appeal in a case like the present one, where the grant of relief to the petitioner in writ jurisdiction depended upon the decision on a question of fact. We accordingly dismiss this petition.