1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought in this election matter; against the dismissal by the High Court, of petitioner's Constitutional Petition.
2. ' On respondent's election petition against the petitioner's declaration as successful candidate during the last Local Council Elections, the Election Tribunal set aside the election itself as a whole and directed that fresh election be held. This order of the Election Tribunal was challenged by the petitioner before the High Court in its Constitutional jurisdiction; but without any success, therefore, he has sought leave to appeal.
3. ' Learned counsel contended that there were two essential conditions, required for the annulment of the election as a whole: (i), that the relevant rules should have been violated; and (ii), that the result of the election has been prejudiced by the violation of the rules. He frankly stated that there was violation of rules but vehemently contended that no evidence was led to show that the said violation of the rules affected in so far as the voting or its pattern was concerned.
4. After hearing the learned counsel on the question raised which obviously stands concluded by findings of fact against the petitioner, no justification was found to grant leave to appeal. However, we ourselves also examined various aspects of the voting pattern at the three relevant polling stations including the disputed one and found that the violation of the rules materially affected the results of the elections. Accordingly, leave to appeal is refused.