| Citation(s) |
|---|
| 2017 SLG 978 2017 SLD 978 2017 PLJ 96 |
Peshawar High Court
Election Appeal No. 5 of 2014, decided on 21.10.2016. Dateof hearing: 21.10.2016.
ROOH-UL-AMIN KHAN, JUSTICE, SYED AFSAR SHAH, JUSTICE
Mr. Abdul Samad Khan, Advocate for Appellant.Mr. Ghulam Mohy Uddin Malik, Advocate for
Respondents.
Election Appeal No. 5 of 2014, decided on 21.10.2016. Dateof hearing: 21.10.2016.
ROOH-UL-AMIN KHAN, JUSTICE, SYED AFSAR SHAH, JUSTICE
Mr. Abdul Samad Khan, Advocate for Appellant.Mr. Ghulam Mohy Uddin Malik, Advocate for
Respondents.
NASIR KHAN - --AppellantVSHAMID ULLAH JAN AND OTHERS --RespondentS
Law:
Section:
Public Document------Photocopy--Verification lends credibility to evidence--Statutory precaution--Validity--Indeed a photo copy of public document is no better than a piece of secondary evidence which cannot have any intrinsic probative value let alone comfort of genuiness of a document demanded by ROPA Act, 1976. Representation of the People Act, 1976 (LXXXV of 1976)------S. 55(3)--Civil Procedure Code, (V of 1908), O. VI, R. 15--Nomination papers were submitted--Objection of--Verification of election petition--Concealed material facts detrimental to nomination--Condonation of delay--Involvement of criminal case--Election petition being photo copies neither bear signature nor verification--Incompetent appeal due to non-compliance of mandatory provision--Maintainability and competency of petition--Validity--By now it is settled law that such defect in verification, where pointed out by contesting party or not, tribunal alone is bound to ensure complinance of such mandatory provision--Order of election tribunal with regard to grant of permission for production of attested copy-Where such permission is sought before tribunal during period of limitation prescribed for filing of election petition, it can be taken into consideration according to settled principle relating to amendment in pleading otherwise such amendment would not be allowed particularly in absence of any request for condonation for such delay--Election petition being filed for non-compliance of mandatory provision of Section 55(3) of ROPA Act, 1976 was incompetent and not maintainable.Representation of the People Act, 1976 (LXXXV of 1976)------S. 55(3)--Concealment of fact in nomination paper about involvement in criminal case--Lacking mandatory compliance--Petitioner had failed to produce attested copy of FIR or any other evidence suggestive of fact that petitioner had remained involved in any criminal case--Though photo copy of challan produced by petitioner reflected name of petitioner but neither same was attested nor produced from safe hands--Burden of proof about existing of any criminal case against appellant would heavily fall on shoulders of respondents--Such criminal charge and…