Law: Azad Jammu and Kashmir Legislative Assembly (Elections) Ordinance, 1970

Section: 51(3),59,60

Law: Azad Jammu and Kashmir Legislative Assembly (Elections) Ordinance, 1970

Section: 51(3),59,60

Law: Civil Procedure Code (V of 1908)

Section: O.VI,R.15

Azad Jammu and Kashmir Legislative Assembly (Elections) Ordinance, 1970-------Ss. 51(3), 59 & 60---Civil Procedure Code (V of 1908), O.VI, R.15---Election petition---Non-verification of election petition, its annexures and documents relied upon by petitioner---Petitioner's plea was that affidavit filed in support of contents, same was liable to be read as part and parcel of pleadings---Validity---Provision of S.51(3) of Azad Jammu and Kashmir Legislative Assembly (Elections) Ordinance, 1970 provided for verification of election petition and its annexures in manner laid down in O.VI, R.15, C.P.C.---Election Tribunal could exercise powers of civil court under C.P.C.---Provisions of C.P.C. and the Ordinance could be applied simultaneously during trial of election petition---Petitioner by filing duly attested affidavit with election petition had taken upon him responsibility of pleadings, thus, both would be read in juxta position---Complete absence of verification would be fatal to election petition---Tribunal while trying election petition could allow amendment at any stage to cure defect of formal nature in order to determine real controversies between parties---Petitioner had sufficiently complied with mandatory requirements of the Ordinance--- Defect in verification would be treated as one of minor character not justifying dismissal of election petition---Tribunal repelled such objection in circumstances. PLD 2005 SC 600 and Ch. Arshad Hussain v. Rukhsar Ahmed and others Civil Appeal No.90 of 2006 ref. Sardarzada Zafar Abbas and others v. Syed Hassan Murtaza and others PLD 2005 SC 600; 2007 MLD 153 and AIR 1984 Patna 167 rel. Sardar Abdul Sammie Khan for Petitioner. Sardar Pervaiz Akhtar Khan for Respondent No.1. ORDER MUNIR AHMED CHAUDHARY (ELECTION TRIBUNAL).--- The petitioner Sardar Farooq Ahmed Tahir filed an election petition against Akhtar Hussain Rabbani (returned candidate) and others before the Hon'ble Chief Election Commissioner Azad Jammu and Kashmir. The petition was made over to this tribunal for disposal under law. 2. Notices were issued to non-petitioners. Non-petitioner No.1 appeared before the court along with his counsel, while ex parte…

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