Law: Elections Act, 2017

Section: 142,143,144(4)(2)(c)

Law: Civil Procedure Code (V of 1908)

Section: O.VI,R.15

(a) Elections Act (XXXIII of 2017)--- ----S. 144(4)---Civil Procedure Code (V of 1908), O. VI, R. 15---Election petition, verification of---Mandatory for the petitioner to verify the petition in terms of S. 144(4) of the Elections Act, 2017---Said verification had to be done in accordance with the procedure laid down in O. VI, R. 15, of the C.P.C., before an Oath Commissioner---In case the petition was not so verified it was deemed to be not maintainable and merited outright dismissal. Lt.-Col. (Rtd.) Ghazanfar Abbas Shah v. Mehr Khalid Mehmood Sargana 2015 SCMR 1585 rel. (b) Elections Act (XXXIII of 2017)--- ----S. 144(4)---Civil Procedure Code (V of 1908), O. VI, R. 15---Election petition, verification of---Affidavit appended to the petition---Place and date of swearing of the affidavit on oath was not mentioned on the stamp endorsed thereon by the Oath Commissioner---Moreover, there was no statement as to who identified the petitioner to the Oath Commissioner---In absence of the said particulars, especially those of the identifier, the. verification of the affidavit could not be deemed to have been made in accordance with the law---Election petition was liable to be dismissed in circumstances. Lt.-Col. (Rtd.) Ghazanfar Abbas Shah v. Mehr Khalid Mehmood Sargana 2015 SCMR 1585 rel. (c) Elections Act (XXXIII of 2017)--- ----Ss. 142, 143 & 144(2)(c)---Contents of election petition---Affidavit of service---Plea of petitioner that in absence of the affidavit of service, the postal receipts were sufficient to serve the purposes of S. 144(2)(c) of the Elections Act, 2017 ('the Act')---Held, that under S. 145 of the Act if any of the provisions of Ss. 142 to 144 of the Act had not been complied with by a petitioner, the petition was not maintainable---Filing of the affidavit of service was one of the mandatory (requirements) under S.144(2)(c) of the Act---Petitioner has not filed the said affidavit, therefore, his petition was bad in law and liable to be dismissed. THIS JUDGMENT DELIVERED BY: MAMOON RASHID SHEIKH, J.--- Judgment was reserved in the instant election petition, on 03.12.2018, whereafter the petition was dismissed through a short order, dated…

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