The petitioner was elected to the Municipal Corporation, Gujranwala but upon a petition moved by respondent No.1, the election was set aside when the Election Tribunal found that Election Rules had been violated materially affecting the result. The petitioner has challenged the orders of the Election Tribunal, dated 6-3-1985 by way of a writ petition.
2. The dispute between the parties relates to the poll at Polling Station No.97 which was reserved for female voters. More than 2,000 votes were attached with this polling station but actually less than a quarter were polled.
3. The Presiding Officer who was responsible for the election appeared as witness and stated that she had complied with the rules and had sealed the bags properly but on opening the sealed bags the Tribunal found that they were practically empty. Certain envelopes were found but without the contents. Since this belied the statement of the Presiding Officer, the learned Tribunal was justified in disbelieving her statement.
4. The learned counsel for the petitioner argues that the petitioner was not supplied with a copy of the election petition but this contention was not accepted by the Election Tribunal as he found no corroboration for the claim of the present petitioner. There is, therefore; no reason to dispute the findings of the Tribunal on this count either.
5. On examination of the election material the Tribunal found that the ballot-papers shown to have been cast in favour of the erindidi were missing. So were the envelopes and other material referred to in E rule 42 of Election Rules, 1979. The list of the count was not signed by any of the candidates or their agents. It was, therefore, not case of the destruction of record but of preparation of fake record. The Tribunal was, thus, justified in setting aside the election.