Law:

Section:

(a) Representation of the People Act (LXXXV of 1976)--- ----S. 52---Constitution of Pakistan, Art.199---Election petition---Petitioner contested election on ticket of Political Party having boycotted election on Polling Day, and his constitutional petition challenging respondent's election dismissed by High Court for not being an "aggrieved person"---Respondent's plea was that petitioner had no locus standi to challenge his election -- Validity---Neither any provision existed in Representation of the People Act, 1976 to prohibit petitioner from filing election petition nor its S.52 provide any such condition---Observation of High Court regarding "aggrieved person" would not debar petitioner from filing election petition---Election Tribunal declined to dismiss election petition. (b) Representation of the People Act (LXXXV of 1976)--- ----Ss. 52, 54, 62 & 63---Civil Procedure Code (V of 1908), S.151---Election Commission of Pakistan Notification 85-Cord dated 17-3-1985---Election petition---Non-supplying to respondent copy of petition along with documents filed therewith before its filing before Election Commission---Validity---Postal receipts produced by petitioner regarding sending of such documents to respondent would not prove that envelope contained such documents, but Election Commission had not called for such proof---Election Tribunal after receiving such petition from Election Commission had issued notices to respondents along with all documents annexed therewith---No provision existed in Ss. 54(b) & 63 of Representation of the People Act, 1976 to require dismissal of petition on ground of non-service of its copy and annexed documents on respondent before its filing---Provision of Cl. (1) of Notification No. 1(7)/85-Cord, dated 17-3-1985 issued by Election Commission pertaining to procedure of trial of election petition was directory in nature---Tribunal declined to dismiss petition on such technical ground. Muhammad Hashim Siddiqui v. Iqbal Muhammad Ali Khan 2004 YLR 381; Yar Qand Khan v. Taj Bar Khan and others 1987 MLD 84; Engineer Jameel Ahmed Malik v. Shaukat Aziz and others 2007 CLC 1192; Izhar Hussain Khoso v. Mir Faridullah 1999 MLD 3052;…

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