Law:

Section:

(a) Sindh Local Councils (Election) Rules, 2015--- ----R. 61(b)---Election petition---All the contesting candidates were made party---Service of copy of petition---Mandatory provision--- Violation--- Scope--- Petitioner had made all the contesting candidates as party in the petition---No document i.e postal receipt and courier service receipt had been produced to substantiate that petitioner had sent copy of election petition to all the contesting candidates before filing petition---Requirement of law having not been fulfilled, election petition was rightly dismissed in circumstances. (b) Representation of the People Act (LXXXV of 1976)--- ----S. 55(3)---Sindh Local Councils (Election) Rules, 2015, R.62(3)---Civil Procedure Code (V of 1908), O.VI, R.15---Election petition, verification of---Mandatory requirement---Election petition had to be verified in accordance with civil law, however, penal consequences having been prescribed, the provision of R.62(3), Sindh Local Councils (Election) Rules, 2015 was mandatory---Verification on oath of the contents of an election petition was provided under S.55(3) of the Representation of the People Act, 1976 and every election petition and Schedule or Annexure to petition was to be signed by the petitioner and verified in the manner laid down in the Civil Procedure Code, 1908---Civil Procedure Code, 1908 contained such provision under O.VI, R.15, which required the verification of pleadings on oath---Where the said legal provisions had not been complied with, Election petition was rightly dismissed. Zafar Abbas v. Hassan Murtaza PLD 2005 SC 600 rel. (c) Representation of the People Act (LXXXV of 1976)--- ----S. 55(3)---Sindh Local Councils (Election) Rules, 2015, R.62(3)---Civil Procedure Code (V of 1908), O.VI, R.15---Election petition, contents of---Affidavit annexed with election petition---Effect had contended that affidavit was annexed with the petition and be treated as part and parcel of the main petition and taken as verification and that contents of the petition had not been repeated for the sake of brevity---Validity had not stated in his affidavit that the contents of his petition were true to the best of his…

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