Law: Punjab Local Government Elections Rules, 2000

Section: 70

Law: Constitution of Pakistan, 1973

Section: 185(3)

Punjab Local Government Elections Rules, 2000--- ----R. 70---Constitution of Pakistan (1973), Art. 185(3)---Election petition---Right of cross-examination, closing .of---Parties contested elections for , the seats of Nazim and Naib Nazim---Petitioners were declared returned candidates and the respondents assailed the election by filing election petition on the ground that the petitioners had misstated their assets in the declaration form at, the time of filing of nomination papers--:Counsel of the petitioners could not attend the Court on the date when the case was fixed for evidence, and the Election Tribunal instead of adjourning the case, recorded the examination-in-chief of the witnesses and closed the right of petitioners to cross-examine the witnesses---Election Tribunal also closed the right of petitioners, to adduce their evidence---High Court in exercise of Constitutional jurisdiction did not interfere with the orders passed by the Election Tribunal---Validity---Petitioners were firstly fighting for the right of cross-examination which was denied to them on the very first date of recording evidence of the respondents and having failed over, there, they also in the meantime lost their right of bringing evidence by the Election Tribunal---Cases should be decided on merits and technical knock-out should sparingly be resorted to---Supreme Court in the interest of justice and fairplay granted one opportunity to the petitioners to produce their evidence so as to controvert the stance taken by the respondents qua the declaration of assets---Petition for leave to appeal was converted into appeal, orders passed by the Election Tribunal were set aside and the case was remanded to the Election Tribunal for recording of evidence of the petitioners---Appeal was allowed. ORDER TANVIR AHMED KHAN, J.--- By this common order we intend to dispose of the above two petitions which are directed against the orders, dated 5-4-2002 and 6-5-2002 passed by a learned Single Judge of the Lahore High Court, Lahore, whereby Writ Petitions Nos.5600 of 2002 and 7448 of 2002 against the orders of the Election Tribunal emanated out of election petitions were dismissed in limine. The…

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