Law: Elections Act, 2017

Section: 144(4)

Law: Notaries Ordinance, 1961

Section: 8(1)(e)

Law: Civil Procedure Code (V of 1908)

Section: O.VI,R.15,O.VII,R.11,139

(a) Elections Act (XXXIII of 2017)--- ----S. 144(4)---Civil Procedure Code (V of 1908), O. VI, R. 15 & O.VII, R. 11 & S. 139---Notaries Ordinance (XIX of 1961), S. 8(1)(e)---Notaries (West Pakistan Amendment) Ordinance (W. P. Ord. I of 1966), S. 2---Election petition, verification of---Verification of election petition from a Notary Public---Effect---Every election petition and Schedule or Annexures was to be signed and verified by the petitioner in the manner as laid down in the Civil Procedure Code, 1908 for verification of pleadings---Pleadings had to be verified on oath to be administered by a person who was duly authorized in that behalf by the High Court i.e. the Oath Commissioner and not the Notary Public---In the present case, election petition was neither verified nor attested by a person authorized to administer oath---Requirements of S.144(4) of Elections Act, 2017 had not been complied, in circumstances was bound to verify the election petition in the same manner as prescribed for verification of plaint by the Civil Procedure Code, 1908---Only authorized person or officer before whom the oath was required to be administered or the contents of election petition had to be verified was the Oath Commissioner---Oath had not been administered to the petitioner by a person authorized to do so, in circumstances having failed to comply with the provisions of law with regard to verifying the election petition and administering oath through authorized person, election petition was not maintainable which was dismissed, in circumstances. Iqbal Zafar Jhagra v. Khalil-ur-Rehman 2000 SCMR 250; Malik Umar Aslam v. Sumera Malik and another PLD 2007 SC 362; Gatron (Industries) Ltd. v. Government of Pakistan 1999 SCMR 1072; Haji Ch. Masood Akhtar v. Election Commission of Pakistan 2005 CLC 172 and Zia ur Rehman v. Syed Ahmed Hussain and others 2014 SCMR 1015 rel. (b) Administration of justice--- ---Ignorance of law is no excuse. (c) Administration of justice--- ----If law had prescribed a method for doing of a thing in a particular manner then such provision of law should be followed in letter and spirit and achieving or attaining the objective of performing or…

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