ABDUL QADEER CHAUDHRY, J.---The election to a local seat from Ward No.7, Town Committee, Sohawa, District Jhelum, was held on 30-11-1987. The petitioner and the respondent No.2 contested the election. The petitioner was declared elected having polled 227 votes against 226 votes polled by respondent No.2. The respondent No.2 filed an election petition before the Election Tribunal. As many as 7 issues were framed by the Election Tribunal. Issue No.4 was decided against the petitioner and all other issues were decided against the respondent.
2. The Election Tribunal declared the election as a whole void and ordered the holding of fresh election. The petitioner filed a Constitution petition in the High Court, which was dismissed on 18-12- 1989. The petitioner now seeks leave to appeal against the aforesaid judgment of the High Court.
3. The controversy in this petition is that three female voters who did not belong to Ward No.7 cast their votes in this election. Their names had been deleted from the voters' list. There was difference of two votes only. The learned counsel for the petitioner has contended that the Election Tribunal has declared that the election was not conducted in a fair manner. Extensive illegal practices were adopted. The learned counsel has referred to Rules 72 and 73 of the Punjab Local Government Ordinance, 1979 and Punjab Local Councils (Election) Rules, 1979 and submitted that none of the corrupt and illegal practices listed in these rules were either alleged or proved before the Election Tribunal. It was further submitted that there was nothing on the record to indicate that these votes were cast in favour of the petitioner, therefore, the case proceeded on no evidence.
4. The contentions raised by the learned counsel require examination. Leave is granted. Security Rs.5,000. Elections are stayed in the meanwhile.
5. The appeal to be made ready on the present record with liberty to the parties to file additional documents if they so desire.