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

Section: 59(2)(3),51(3),3,60

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

Section: 59(2)(3),51(3),3,60

Law: Civil Procedure Code (V of 1908)

Section: O.VI,R.15

Azad Jammu and Kashmir Legislative Assembly (Elections) Ordinance, 1970-------Ss. 51, 59 & 60---Civil Procedure Code (V of 1908), O.VI, R.15---Election petition---Verification of petition etc.---Scope---Returned candidate against whom election petition was filed, submitted application for dismissal of Election petition on ground that verification of Election petition was not in accordance with the provisions of S.51(3) of Azad Jammu and Kashmir Legislative Assembly (Elections) Ordinance, 1970---Under S.51(3) of the Ordinance verification of election petition, schedules or annexures attached thereto had to be verified in the manner as laid down by O.VI, R.15, C.P.C.---Election Tribunal, had got all the powers of the civil court trying the suit under the Code of Civil Procedure under S.60 of Azad Jammu and Kashmir Legislative Assembly (Elections) Ordinance, 1970---Civil Procedure Code, 1908 and the Azad Jammu and Kashmir Legislative Assembly (Elections) Ordinance, 1970 were simultaneously applied during trial of election petition---Verification rendered a responsibility on the party making different averments in the petition---In the present case, affidavit duly attested by the Oath Commissioner had been appended with the petition, through which the petitioner had sworn that the contents mentioned in the petition were correct to the best of knowledge and belief of the petitioner---Petitioner through the verification had taken upon him the responsibility of the truth of the pleadings and version taken by the petitioner before the Court/Tribunal---No penalty was provided for non-compliance of verification by C.P.C.---Penal provisions mentioned in Ss.59 & 60 of Azad Jammu and Kashmir Legislative Assembly (Elections) Ordinance, 1970 would not be strictly applicable---Defect to that extent could be treated as one of a minor character and it would be too technical and unreasonable to dismiss the election petition---No material difference existed between a verification on oath and a verification through an affidavit separately appended with the petition---Both would be read and treated in juxtaposition---Mandatory provisions of Azad Jammu and Kashmir Legislative…

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