Law: Representation of the People Act, 1976

Section: 54,55,63

Law: Civil Procedure Code (V of 1908)

Section: O.VI,Rr.15,17

Representation of the People Act (LXXXV of 1976)--- ----Ss. 63, 54 & 55---Civil Procedure Code (V of 1908), O.VI, Rr.15 & 17---Khyber Pakhtunkhwa Local Councils (Conduct of Elections) Rules, 2013, Rr.44, 45, 46 & 51---Election petition---Procedure---Discretion, exercise of---Annexures verification of---Election petition was dismissed on the ground that annexures were not attested by Oath Commissioner/Notary Public---Validity---Rule 51 of Khyber Pakhtunkhwa Local Councils (Conduct of Elections) Rules, 2013 did not provide any penalty rather dismissal of election petition due to non-compliance of Rr.45 & 46 of said Rules was left at the discretion of Election Tribunal---Election Tribunal could exercise discretion in order to advance the requirements of law and justice by deciding election petition on merits on the basis of evidence/material brought before it---Summary disposal of election petition on technical grounds was to be avoided---Petitioner was to be allowed to amend election petition---Election petition was duly verified and affidavit of petitioner was attested by the Notary Public---Annexures attached to the election petition were also signed/attested by the petitioner---Impugned order passed by the Election Tribunal was set aside and election petition was sent back to the Election Tribunal for disposal in accordance with law---Constitutional petition was allowed in circumstances. 2010 SCMR 1877; 2016 SCMR 750 and 2016 SCMR 430 rel. THIS JUDGMENT PASSED BY: QALANDAR ALI KHAN JUSTICE:---.--- This writ petition by Jehangir Khan, petitioner, is directed against order of the learned Election Tribunal/District Judge, Abbottabad, dated 02.05.2016, whereby, application of respondent No.1, Muhammad Asif Awan, for dismissal of election petition/appeal under section 44 of the Khyber Pakhtunkhwa Local Councils (Conduct of Elections) Rules, 2013 (hereinafter referred to as the Election Rules, 2013) was accepted and election petition/appeal of the petitioner was dismissed. 2. In his election petition/appeal, the petitioner had challenged the Local Government Elections 2015, for UC Phalkot, Abbottabad, with particular reference to corrupt…

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