Law: Representation of the People Act, 1976

Section: 55(3)

Law: Civil Procedure Code (V of 1908)

Section: O.VI,R.15

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---Election petition not verified in accordance with S. 55(3) of the Representation of the People Act, 1976---Application to rectify/amend election petition also filed with considerable delay after period of limitation to file such application had passed---Election petition being not maintainable merited dismissal in such circumstances. Verification of the election petition was a mandatory requirement. Verification of election petition in accordance with section 55(3) of the Representation of the People Act, 1976 was to be made at the time of filing of the election petition and any default in such regard would be considered to be a significant omission and thereby fatal. Perusal of the election petition, in the present case, showed that the same had not been verified in accordance with section 55(3) of the Representation of the People Act, 1976 at the time of its filing. Neither the annexures along with schedule had been signed. Election-petitioner sought to rectify/amend the petition through an application, however said application was filed after a considerable delay when the period of limitation for filing such application had passed. In such circumstances the election petition could not have been considered and allowed and warranted dismissal being not maintainable. Malik Umar Aslam v. Sumera Malik PLD 2007 SC 362; Iqbal Zafar Jhagra v. Khalil-ur-Rehman 2000 SCMR 250; Ch. Muhammad Ashraf v. Rana Tariq Javed and others 2007 SCMR 34; Hina Manzoor v. Malik Ibrar Ahmed and others PLD 2015 SC 396 and Zia ur Rehman v. Syed Ahmed Hussain and others 2014 SCMR 1015 ref. JUDGMENT IQBAL HAMEEDUR RAHMAN, J.---This appeal is directed against the judgment dated 03.06.2014 passed by the Election Tribunal, Rawalpindi (hereinafter to be referred as "the Tribunal"), in E. P. No.188/2013/RWP/05/2013, whereby the said petition has been dismissed by holding that the appellant has failed to produce authentic and reliable evidence in support of his petition. 2. The relevant facts are that the appellant and respondents contested…

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