Law: Elections Act, 2017

Section: 139,142,143,144,144(1)(b)(4),145(1)(2)

Law: Constitution of Pakistan, 1973

Section: 10-A,17(2),225

Law: Civil Procedure Code (V of 1908)

Section: O.VI,XIX,R.3,15

(a) Administration of justice--- ----If an objection is raised with regards to maintainability of petition for non-compliance of mandatory provisions of law, court/tribunal is under unalienable legal obligation to decide the raised preliminary objection before entering into field of disputed facts and recording of evidence---If in opinion or conclusion of court objection is liable to be sustained, court is left with no option but to reject petition. Sultan Mahmood Hinjra v. Malik Ghulam Mustafa Khar and others 2016 SCMR 1312; Zia ur Rehman v. Syed Ahmed Hussain and others 2014 SCMR 1015; Malik Umar Aslam v. Sumera Malik and another PLD 2007 SC 362 and Hina Manzoor v. Malik Ibrar Ahmed and others PLD 2015 SC 396 rel. (b) Elections Act (XXXIII of 2017)--- ----S. 144(1)(b)---Election petition---Allegations of corrupt or illegal practice---Mandatory requirements---Scope---Under provision of S.144(1)(b) of Elections Act, 2017 full particulars of any corrupt or illegal practice or other allegedly committed illegal act, including names of persons who alleged to have committed such corrupt or illegal practice or illegal act as well as date, time and place of commission of such practice or act is mandatorily be specifically mentioned in the election petition. Usman Dar and others v. Khawaja Muhammad Asif and others 2017 SCMR 292 rel. (c) Elections Act (XXXIII of 2017)--- ----Ss. 139, 142, 143 & 144---Civil Procedure Code (V of 1908), O. VI, R. 15 & O. XIX, R. 3---High Court (Lahore) Rules and Orders, Vol. IV, Chap. 12, Rr. 11, 12, 14, 15 & 16---Election petition---Maintainability---Mandatory requirements, non-compliance of---Effect---Petitioner assailed election whereby respondent was notified as returned candidate for seat of Member Provincial Assembly---Petitioner raised allegations of corruption and corrupt practices against respondent but did not submit any specific particulars of allegations nor pleadings were verified in accordance with law---Validity---No specific attribution of illegal act and corrupt practice with exact day, date, time and place was jotted down and names of witnesses of such illegal act or corrupt practice were also not disclosed in petition…

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