Law:

Section:

Representation of the People Act (LXXXV of 1976)--- ----Ss. 52, 78(3)(d), 82 & 94--- Constitution of Pakistan, Art. 62(f)--- Conduct of General Elections Order, 2002, Art. 8-A---Election dispute---False declaration--- Accused was alleged to have filed false declaration with regard to his educational qualification--- Trial Court acquitted accused of the charge---Validity---Judgment passed by Trial Court was in violation of law and suffered from material illegalities and irregularities---Trial Court failed to call for record of Election Commission from concerned offices and did not provide full and fair opportunities to the parties to produce their evidence pro-contra--- Judgment passed by Trial Court was non-speaking, perverse, ridiculous and not sustainable--- High Court directed Trial Court to call for record and provide full and fair opportunities to both parties to lead evidence resultantly, was set aside and case was remanded to Trial Court for decision afresh--- Appeal was allowed accordingly. C. As. 411 to 414 of 2012 rel. THIS JUDGMENT DELIVERED BY: ABDULLAH BALOCH, J.--- This judgment disposes of Criminal Acquittal Appeal No.(s) 121 of 2015 filed appellant Regional Election Commissioner, Naseerabad at Dera Murad Jamali, against the judgment dated 17th June, 2015 (hereinafter referred as, "the impugned judgment") passed by the learned Sessions Judge, Naseerabad, at Dera Murad Jamali (hereinafter referred as, "the trial Court"), whereby the respondent/accused was acquitted of the charge. 2. Facts of the case are that on 01st April, 2014, the complainant Wali-ur-Rehman Regional Election Commissioner, Naseerabad at Dera Murad Jamali filed complaint before the trial Court, wherein stating therein that the respondent/accused contested election for the Provincial Assembly from constituency No.PB-29 Naseerabad-II in the General Election of 2013, as such, the respondent/accused filed his nomination papers before the Retuning Officer for contesting of election from the above constituency and thereafter nominating papers of respondent/accused were accepted as per rule. But the learned Election Tribunal rejected the nomination papers and declared the…

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