| Citation(s) |
|---|
| 2014 SLG 154 2014 SLD 154 2014 SCMR 1015 2015 PLJ 128 |
Supreme Court of Pakistan
Civil Appeals Nos.1308 and 1309 of 2013, decision dated: 27-01-2014.(On appeal from the judgment dated 23-10-2013 passed by the Election Tribunal, Abbottabad in Election Petitions Nos.42 of 2013 and 95 of 2013)
TASSADUQ HUSSAIN, JILLANI, C.J., KHILJI ARIF HUSSAIN AND SH. AZMAT SAEED, JJ
Tariq Mehmood, Senior Advocate Supreme Court for Appellant (in both cases). Kamran Murtaza, Advocate Supreme Court for
Respondent No. 1 (in C.A. No. 1308 of 2013). Mian Abdur Rauf, Advocate Supreme Court for
Respondent No. 1 (in C.A. No. 1309 of 2013)
Civil Appeals Nos.1308 and 1309 of 2013, decision dated: 27-01-2014.(On appeal from the judgment dated 23-10-2013 passed by the Election Tribunal, Abbottabad in Election Petitions Nos.42 of 2013 and 95 of 2013)
TASSADUQ HUSSAIN, JILLANI, C.J., KHILJI ARIF HUSSAIN AND SH. AZMAT SAEED, JJ
Tariq Mehmood, Senior Advocate Supreme Court for Appellant (in both cases). Kamran Murtaza, Advocate Supreme Court for
Respondent No. 1 (in C.A. No. 1308 of 2013). Mian Abdur Rauf, Advocate Supreme Court for
Respondent No. 1 (in C.A. No. 1309 of 2013)
ZIA UR REHMAN
VS
Syed AHMED HUSSAIN and others
Law: Representation of the People Act, 1976
Section: 52,54,55(3),63(a),52(2)
Law: Civil Procedure Code (V of 1908)
Section: O.VI,R.15
(a) Representation of the People Act (LXXXV of 1976)--- ----Ss. 52, 54, 55(3) & 63(a)---Civil Procedure Code (V of 1908), O.VI, R.15---Election petition---Format---Verification on oath---When the law prescribed a certain format for an election petition and its verification on oath, and entailed penal consequences for its non-compliance, then it was a mandatory provision. (b) Representation of the People Act (LXXXV of 1976)--- ----S. 52---Election petition---Maintainability---When an objection was raised with regard to maintainability of an election petition for non-compliance with a mandatory provision, the Court/Tribunal should decide such preliminary objection (first), because if such objection was sustained, then the Court/Tribunal was left with no option but to dismiss the (election) petition. (c) Representation of the People Act (LXXXV of 1976)--- ----Ss. 52 & 55(3)---Civil Procedure Code (V of 1908), O.VI, R.15---Election petition---Verification on oath---Every election petition and every schedule or annexure to the election petition had to be signed by the petitioner and verified in the manner laid down in O. VI, R.15, C.P.C. [p. 1020] C (d) Representation of the People Act (LXXXV of 1976)--- ----Ss. 52, 54, 55(3) & 63(a)---Civil Procedure Code (V of 1908), O.VI, R.15---Election petition---Maintainability---Verification on oath---Mandatory requirement---Every election petition and every schedule or annexure to the election petition had to be signed by the petitioner and verified in the manner laid down in O. VI, R.15, C.P.C.---Election petitions filed before the Election Tribunal, in the present case, were not verified on oath in the manner prescribed under O. VI, R.15, C.P.C.---If law required a particular thing to be done in a particular manner, it had to be done accordingly, otherwise it would be non-compliance with the legislative intent---Petitioners had filed applications for amending their election petitions to remove the objection regarding non-compliance with S. 54 of Representation of the People Act, 1976, however said applications were time-barred as they were filed well beyond the period of 45 days as provided under S. 52(2) of…
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