Law:

Section:

(a) Khyber Pakhtunkhwa Local Councils (Conduct of Elections) Rules, 2014--- ----Rr. 46, 50, 51, 52, 45 & 5---Representation of the People Act (LXXXV of 1976), S. 63---Civil Procedure Code (V of 1908), O. VI, Rr. 17 & 15---Local government election---Election petition, verification of---Election Tribunal, powers of---Scope---Application for dismissal of election petition was moved on the ground that provision of R. 46 of Khyber Pakhtunkhwa Local Councils (Conduct of Elections) Rules, 2014 had not been followed but same was dismissed by the Election Tribunal---Validity---Election Tribunal had powers as envisaged under any provision of Civil Procedure Code, 1908---Election Tribunal could ratify and allow a party to amend its pleadings---Petitioners had verified on oath the whole election petition---Provisions of O. VI, R. 15, C.P.C. did not describe that pleadings should be paragraphed but intention was that the stance of knowledge and verification should be numbered separately---If petitioner verified the whole contents of election petition on his own satisfaction and knowledge then same would be absurd to conform with the exact provision of law envisaged under O. VI, R. 15, C.P.C.---Deponent should not be held responsible or be penalized for act or omission of Oath Commissioner or Notary Public for not drawing the exact oath---Petition under S.63 of Representation of the People Act, 1976 had to be presented before an Inquiry Officer while election petition under Khyber Pakhtunkhwa Local Councils (Conduct of Elections) Rules, 2014 was directly to be instituted before the Election Tribunal---Legislature had used the word 'may' instead of 'shall' in order to ratify any error or mistake if any occasioned in filing of election petition---Election Tribunal had all powers of a civil Court trying a suit under Civil Procedure Code, 1908---Election Tribunal could allow party to correct any error, amend and remove any defect in the election petition including omission to sign or verify pleadings---Election Tribunal had power and jurisdiction to remedy any defect during the course of trial, if any, either in signing the petition or in verification…

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