Law:

Section:

Representation of People Act, 1976 (LXXXV of 1976)-- ----Ss. 68(d), 78(2) and 81(1)(a)(b)--Election petition--Challenged of--Corrupt practice--Proof of--Validity--Held: In order to successfully challenge an election on ground that same was induced through corrupt practices, petitioners should be conscious of fact that charge of corrupt practice is in nature of a criminal charge and has to be proved beyond any shadow of doubt--Standard of proof required for establishing such charge is same as is applicable to criminal charge--Presiding Officer of the Election Tribunal has failed to function within the parameters of law and has grossly misunderstood and misapplied the relevant provisions of ROPA--The also miserably suffers from non-reading and misreading of evidence which resulted in miscarriage of justice. Representation of People Act, 1976 (LXXXV of 1976)-- ----Election petition--Corrupt practice--Requirement--Validity--Held: Party seeking to challenge validity of election should essentially specify in election petition incidents of corrupt practice with as much is possible and with all necessary details an particulars. National Registration Authority (NADRA)-- ----Forensic examination of thumb-impressions--Finger prints--Authentication number of votes--At the request of respondent the counterfoils of the used ballot papers, the used electoral list, and the statements of counts pertaining to all the polling stations of the constituency, were sent to National Database Registration Authority ("NADRA"), for forensic examination of the thumb impressions appended to the said counterfoils and used electoral list--However, as per the NADRA report it was only in respect of 229 counterfoils that the fingerprints failed authentication whereas the fingerprints which could not be deciphered, inter alia, clue to use of poor quality/inappropriate ink were 99752, however such counterfoils did bear valid CNIC numbers of the voters, and therefore, and specially so in view of the fact that the difference of votes between appellant and respondent is 25328 votes, the NADRA report does not adversely affect the success of the appellant in the election. THIS JUDGMENT DELIVERED BY:…

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