Law: Punjab Local Government (Conduct of Elections) Rules, 2013

Section: R.65(2)(3)(4)(b)

Law: Constitution of Pakistan, 1973

Section: 10-A,185(3)

Law: Civil Procedure Code (V of 1908)

Section: O.XVI,R.1,2

Punjab Local Government (Conduct of Elections) Rules, 2013--- ----R. 65---Civil Procedure Code (V of 1908), O. XVI, Rr. 1 & 2---Election of Chairman of union council---Election petition---Witness, production of---Good cause---Scope---Petitioner's application seeking permission to submit the list of witnesses was dismissed by Election Tribunal on the ground that it was not submitted within the stipulated time---Plea of petitioner was that he had filed such application which somehow went missing---Validity---Election Tribunal could require the parties to file, within 15 days of the date on which the case was fixed for evidence, a list of witnesses whom they wanted to produce in evidence or to produce documents by such witnesses alongwith a precise evidence which they were expected to give through affidavit---Election Tribunal could call such witnesses for the purpose of examination---Under O. XVI, Rr. 1 & 2, C.P.C., within seven days of framing of issues, the list of witnesses were to be produced and that if such list was not presented, the evidence could be produced with permission of the court after showing good cause to produce the said witness from the list---Missing application could have been located through a probe by the Election Tribunal on the basis of relevant statements of Tribunal's functionaries but the same was not done---Order passed by Election Tribunal was not sustainable, being violative of R. 65 of Punjab Local Governments (Conduct of Elections) Rules, 2013 and O.XVI, R.1, C.P.C.---Application to produce the witnesses filed by the petitioner before the Election Tribunal was allowed with direction to the Tribunal to decide the matter within three months---Constitutional petition was allowed, accordingly. Umar Hayat v. Additional District Judge and others 2004 SCMR 1367 rel. THIS ORDER PASSED BY: ALI BAQAR NAJAFI, J.--- Through this constitutional petition, the petitioner has challenged the order dated 19.03.2018 and 10.04.2018 passed by respondent No.3 whereby application of the petitioner seeking permission to submit the list of witnesses was dismissed on the ground that it was not submitted within the stipulated time. 2. Brief facts…

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