Law: Representation of the People Act, 1976

Section: 52,55,63

Law: Constitution of Pakistan, 1973

Section: 199

Representation of the People Act (LXXXV of 1976)--- ----Ss. 52, 55 & 63---Constitution of Pakistan, Art.199---Constitutional petition---Verification of thumb-impressions---Petitioner, returned candidate was aggrieved of order passed by Election Tribunal directing to get verification of thumb-impression on counterfoils of votes from National Database and Registration Authority (NADRA) before recording of oral evidence---Validity---To honour mandate of law, it would be necessary that instead of recording oral account of an incident or an event first through witnesses and then decide whether to allow production of documentary evidence, which was undisputedly not only a public document but also required verification of signatures from NADRA---Such verification would provide more authentic and accurate account of what had transpired at polling and was more believable than oral account of rigging if at all that had taken place---Reliability of oral evidence on an issue was much lesser as compared to duly verified documentary evidence---Courts had always placed more reliance on documentary evidence as compared to oral evidence---High Court, in exercise of constitutional jurisdiction under Art.199 of the Constitution, did not find any justification in the order passed by Election Tribunal---Petition was dismissed in circumstances. Sardar Abdul Hafeez Khan v. Sardar Muhammad Tahir Khan Loni 1999 SCMR 284 ref. ORDER FAISAL ARAB, J.---In the general Elections that were held on 11th May this year, the petitioner was declared returned candidate from National Assembly seat (NA-208, Jacobabad-I). He secured 51225 votes as against 45801 votes secured by runner up candidate i.e. respondent No.1. Respondent No.1 challenged the election of the petitioner by filing Election Petition No.172 of 2013 in the Election Tribunal at Sukkur. While Election Petition was proceeding, respondent No.1 filed an application under section 151, C.P.C. seeking verification of thumb impressions on the counterfoils of ballot papers that were cast in 69 disputed Polling Stations as according to him rigging has taken place. Vide order dated 29-8-2013, the Presiding Officer granted the application…

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