Law: Elections Act, 2017

Section: 174,183,139

(a) Elections Act (XXXIII of 2017)--- ----S. 174---Corrupt practice---Proof---Charge of corrupt practice cannot be proved on mere suspicion or doubt without giving date and time of a specific place/polling station. (b) Elections Act (XXXIII of 2017)--- ----Ss. 174 & 183---Corrupt and illegal practice--- Presumption--- Scope---Presumption of innocence is available to the person charged---Charge is to be proved to standard of proof as in a criminal trial. (c) Elections Act (XXXIII of 2017)--- ----Ss. 139, 174 & 183---Election Rules, 2017, R.142---Qanun-e-Shahadat (10 of 1984), Arts. 117 & 120---Corrupt and illegal practice---Proof---Onus to prove---Principle--- Material facts---Petitioner contested election for Provincial Assembly but remained unsuccessful---Petitioner assailed election of respondent/ returned candidate on the plea of use of corrupt and illegal practices by the latter---Validity---Onus of proof was not discharged merely on preponderance of probabilities but standard of proof was required to be proved like a criminal or quasi-criminal charge, for which credible and reliable evidence was required to prove the charge beyond any reasonable doubt---Burden to prove illegal and corrupt practices was heavily upon petitioner and allegations were to be proved with such standard as was required for proving charge in criminal trial---In case of doubt arising out of material placed before Election Tribunal, its benefit was to go to the returned candidate---Election results were not to be set aside lightly---Will of electorates should ordinarily be respected---Setting aside an election result was a serious matter and should not be done lightly---Transparency of elections was the core of democratic system---Material facts were to include complete chain of material event and basis in support of allegations---Material facts meant a complete bundle of facts which were sufficient for giving cause of action and must be specifically averted as to how the result of petitioner was materially affected---There should not be any vagueness in allegation and in case the petitioner does not comply with such requirement, there will be lack of material facts and particulars…

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