| Citation(s) |
|---|
| 2016 SLG 516 2016 SLD 516 2016 SCMR 875 |
Supreme Court of Pakistan
Civil Appeal No. 294 of 2015, decided on 10th December,2015. Date of hearing: 10th December, 2015.
MIAN SAQIB NISAR, SH. AZMAT SAEED AND QAZI FAEZ ISA, JJ
Farooq H. Naek, Senior Advocate Supreme Court and Raja Abdul Ghafoor, Advocate-on-Record for Appellant.Wasim Sajjad, Senior Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for
Respondent No. 1.
Civil Appeal No. 294 of 2015, decided on 10th December,2015. Date of hearing: 10th December, 2015.
MIAN SAQIB NISAR, SH. AZMAT SAEED AND QAZI FAEZ ISA, JJ
Farooq H. Naek, Senior Advocate Supreme Court and Raja Abdul Ghafoor, Advocate-on-Record for Appellant.Wasim Sajjad, Senior Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for
Respondent No. 1.
MUHAMMAD NAWAZ CHANDIOVsMUHAMMAD ISMAIL RAHU and othersSindh Employees Social Security Institution and another v. Admajee Cotton Mills Ltd. PLD 1975 SC 32 ref.
Law: Representation of the People Act, 1976
Section: 55(3)
Law: Civil Procedure Code (V of 1908)
Section: O.VI,R.15
(a) Representation of the People Act (LXXXV of 1976)--- ----S. 55(3)---Civil Procedure Code (V of 1908), O. VI, R. 15---Election petition, verification of---Proof---Election petition, in the present case, bore verification on solemn affirmation that what had been stated therein was true to the best of knowledge and belief of the election petitioner---Election petition also bore the stamp and signature of the Oath Commissioner---Place where at the contents of the election petition were verified was also stated therein---Date was also mentioned by the Oath Commissioner---Election petitioner entered the witness box and owned the petition by identifying his signatures thereupon---Requirement of verification of election petition in accordance with O.VI, R. 15, C.P.C. had in essence been complied with in circumstances. Lt. Col. (Retd.) Ghazanfar Abbas Shah v. Mehr Khalid Mehmood Sargana and others 2015 SCMR 1585 distinguished. (b) Representation of the People Act (LXXXV of 1976)--- ----S. 55(3)---Civil Procedure Code (V of 1908), O. XIX, R. 1---Election petition---Pleadings---Not substitute of evidence---Election petitioner, in the present case, did not file a separate affidavit-in-evidence and while entering the witness box as a witness only tendered his election petition in evidence---Election Tribunal permitted election petitioner to produce his election petition as evidence---Legality---Procedure adopted by the Election Tribunal, in the present case, with respect to evidence was not strictly in accordance with law---Judgment of the Election Tribunal was primarily based on the statements of other petitioner's witnesses, more particularly, his election agents and the report of Manager, National Database and Registration Authority (NADRA) who appeared as a witness---Election petition had been rightly adjudicated upon by the Election Tribunal. (c) Representation of the People Act (LXXXV of 1976)--- ----S. 55---Election petition---Verification of thumb impressions on the counterfoils of ballot papers---Report prepared by National Database and Registration Authority (NADRA), reliance on---Scope---Cross-examination of Manager, NADRA revealed that the verification…