' This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, arises out of an election dispute. In the election held on 28-12-1991 for the membership of Union Council Musa Khail, District Mianwali, the petitioner having secured 197 votes was declared elected in preference of respondent No,1, who had polled 189 votes. This election was challenged by respondent No,1 by filing a petition under section 24 of the Punjab Local Government Ordinance, 1979, alleging that the election stood vitiated on account of irregularities and illegalities committed by the petitioner with the help of the polling staff.
2. Respondent No,1 controverted these allegations in the written statement filed by him.
3. On 23-6-1992, the learned Election Tribunal proceeded to set aside the election of the petitioner on the ground that it stood vitiated on various irregularities and illegalities committed by the petitioner with the help of election staff. Consequently, it was directed that the re-election to the seat in question be held.
4. The main ground by learned counsel for the petitioner in support of this petition was that the order of the learned Election Tribunal suffers from misreading of record and is based upon inadmissible evidence. It was emphasised that the learned Election Tribunal has erred in relying upon the statement of A.W.1 Muhammad Hayat, Record-Keeper, who was summoned for production of record and was as such not a witness, whose testimony could be recorded on oath or relied upon in view of Article 134 of the Qanun-eShahadat, 1984.
5. Learned counsel for respondent No,1, on the other hand, maintained that the election stood vitiated on account of illegalities and irregularities committed by the petitioner with the help of election staff.
6. After arguing the matter at considerable length, both learned counsel agreed that as the learned Election Tribunal has not recorded a positive finding that on account of various irregularities pointed out by it, the result of the election has been materially affected, the case deserves to be remanded to the learned Election Tribunal for decision afresh in view of the law declared by the Supreme Court of Pakistan in Hakim All and others v. Deputy Commissioner/Election Tribunal etc. (PLD 1982 SC 172). This agreement between the parties is lawful and is accordingly allowed.
' As a consequence of the above, this petition is allowed and the impugned order of the learned Election Tribunal is declared to be without lawful authority and of no legal effect with the result that the election petition filed by the respondent No,1 shall be deemed to be pending before the learned Election Tribunal and shall be decided in accordance with law.
' There shall be no order as to costs.