Law: Representation of the People Act, 1976

Section: 55(3),63(a)

Law: Civil Procedure Code (V of 1908)

Section: O.VI,R.15

(a) Representation of the People Act (LXXXV of 1976)--- ----Ss. 55(3) & 63(a)---Civil Procedure Code (V of 1908), O.VI, R.15---Election petition---Procedure---Election for the seat of Member National Assembly---Election Tribunal dismissed the election petition on the grounds that same was not signed and annexures were not attested---Validity---Each page of election petition, in the present case, had been signed by the petitioner; verification of the petition had also been signed by the petitioner duly attested by the Oath Commissioner; annexures were also signed by the petitioner and at the end of an affidavit/verification had been given on a separate page---Memo of appeal had signatures of the appellant---Appellant, in circumstances, could not be ousted on the alleged short coming which could be termed as a hyper technicality---Law required that each and every schedule and annexure had to be verified on oath but single verification on a separate page verifying all the annexures would be substantial compliance of the law---Impugned passed by the Election Tribunal was set aside and election petition was sent back to the Election Commission for entrusting the same to Election Tribunal for decision on merits---Appeal was allowed in circumstances. Ch. Muhammad Ashraf v. Rana Tariq Javed and others 2007 SCMR 34; Malik Umar Aslam v. Sumera Malik and another PLD 2007 SC 362 and Ch. Muhammad Ayaz v. Asif Mehmood and others 2016 SCMR 849 ref. Engr. Iqbal Zafar Jhagra and others v. Khalilur Rehman and 4 others 2000 SCMR 250; S.M. Ayub v. Syed Yousaf Shah and others PLD 1967 SC 486; Sardarzada Zafar Abbas and others v. Syed Hassan Murtaza PLD 2005 SC 600; Moulvi Abdul Qadir and others v. Moulvi Abdul Wassay and others 2010 SCMR 1877; Hussain Warraich v. Amir Iqbal and others 2015 SCMR 1186 and Feroze Ahmed Jamali v. Masroor Ahmad Khan Jatoi and others 2016 SCMR 750 rel. (b) Administration of justice--- ----Technically should not be allowed to be a stumbling block in the way of dispensation of justice. THIS JUDGMENT PASSED BY: MAZHAR ALAM KHAN MIANKHEL, CHEF JUSTICE:---.--- Air Marshal (R) Syed Qaiser Hussain, appellant, has filed this appeal against the judgment dated…

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