1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought in this local council Election matter against the dismisssa l by the High Court of petitioner's writ petition.
2. ' Petitioner was elected to a local council with 220 votes. His rival candidate had also polled 220 votes and the petitioner won through the draw of lots. His election having been challenged, the Election Tribunal on re-count determined petitioner's votes at 218, while the contestant's votes were counted as 219 and thus the latter was declared elected.
3. ' The petitioners writ petition having been dismissed, he has now sought leave to appeal. The learned counsel has reiterated all the arguments advanced in the High Court, but, failed to meet the observations in the impugned judgment in reply to those contentions. However, he has raised an additional argument that at least one vote marked as "R" has been wrongly excluded from his count on the mere ground that the mark affixed on it was not clear. The argument is that the placing of the mark was not wrong and no rule had been contravened.
4. A perusal of the observation in this behalf made by the Election Tribunal shows that it was not established by visual examination that the required mark had itself been affixed. The words used are {{URDU TEXT}} ' This in the context clearly meant that the marking itself was doubtful. That being so, no justification has been made out for grant of leave to appeal. The same, accordingly, is refused.
5. ' Leave to .