FALAK SHER, J.~ Ch. Imran Raza Chadhar petitioner and Ch. Muhammad Siddique Respondent No. 2 amongst others being rival candidates for the office of Nazim, Union Council No. 35 Kot Abdul Malek Urban-2, Tehsil Ferozwala District Sheikhupura got entangled with each other over the out come thereof viz the respondent having been declared as the returned candidate securing 1331 votes as against the petitioner's 1151, filed Writ Petition No. 12661 of 2001 before the Lahore High Court, which though initially was dismissed by a learned Single Judge on 14.9.2001 for the appropriate remedy of election petition before the Election Tribunal can be availed of but in intra Court Appeal (No. 784 of 2001) was converted into election petition to be disposed of by the Election Tribunal which after circuitous litigation was allowed declaring the petitioner to be the returned candidate upon recounting excluding the respondents' 246 double stamped votes and adding 38 to the petitioner vide order dated 21.12.2002.
2. Which was set-aside by a learned Judge of the Lahore High Court granting the respondents' Writ Petition No. 21092/2002 vide the impugned judgment dated 12.3.2003, remanding the case for fresh adjudication within the parameters of the election petition qua the polling stations regarding which the petitioner had alleged the illegalities and irregularities in the counting without adverting to the double stamped votes and tempering with the sealed packets containing ballot papers, against which leave to appeal has been sought.
3. Where in after hearing the learned counsel for the parties keeping in view the allegations levelled viz. Tempering with the seals of the packets containing double stamped votes warranting though inquiry, we are of the opinion that the interest of justice would be better served if recounting of the entire constituency is carried out after framing issues on the allegations levelled, recording evidence adduced by the parties with a right to the other side to cross examination. To which both the learned counsel have explicitly concurred.
4. Consequentially, converting the petition into appeal, allowing the same setting aside the impugned order, the case is remanded to the election Tribunal for decision thereof on merits in accordance with law.
5. Leave the parties to bear their respective costs.