Law:

Section:

(a) Representation of the People Act (LXXXV of 1976)-------S. 55(3)---Civil Procedure Code (V of 1908), O.VI, R. 15---Election petition, verification of---Mandatory requirement---Verification of an election petition was mandatory and a petition which lacked proper verification shall be summarily dismissed by the Election Tribunal, even if the respondent had not asked for or prayed for its dismissal---Where the election petition had not been verified in accordance with law, the same could not be treated as a curable defect and the Election Tribunal particularly after the lapse of the period of limitation prescribed for filing of election petition, could not permit the election petitioner to cure the same.Malik Umar Aslam v. Sumera Malik and another PLD 2007 SC 362 and Zia-ur-Rehman v. Syed Ahmed Hussain and others 2014 SCMR 1015 ref.(b) Representation of the People Act (LXXXV of 1976)-------S. 55(3)---Civil Procedure Code (V of 1908), O.VI, R. 15---Election petition, verification of---Omission on part of Oath Commissioner in certifying administration of Oath and giving date and place of administration of Oath--- Effect--- Election Tribunal dismissed election petition filed by appellant for non-verification on the basis that it contained a verification clause signed by the deponent but the Oath Commissioner had merely put an attestation stamp, without certifying administration of Oath and giving the date and place of administration of Oath---Validity---In order to meet the real object and the spirit of the election laws which required verification on oath, the Oath Commissioner at the time of verification of the petition must record and endorse verification/attestation that the oath had been actually, physically and duly administered to the election petitioner/deponent---Where the election petition was sought to be attested by the Oath Commissioner, the election petitioner shall insist and shall ensure that the requisite endorsement about the administration of oath was made, otherwise the election petition shall not be considered to have been attested on oath and thus the election petition shall be liable to be, inter alia, dismissed---In the present case, no…

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