Law: Representation of the People Act, 1976

Section: 55(3),63(a),55

Law: Representation of the People Act, 1976

Section: 55(3),63(a),55

Law: National and Provincial Assemblies (Elections) Act, (VII of 1964)

Section: 59(3)

Representation of the People Act (LXXXV of 1976)--- ----Ss. 55(3) & 63 (a)---Qanun-e-Shahadat (10 of 1984), Arts. 87 & 88---Election petition---Public documents---Non-verification---Photo copies of public record---Returned candidate sought dismissal of election petition on the ground that documents attached with petition were not verified by petitioner---Validity---Documents forming subject matter of scrutiny pertained to record kept by Election Commission of Pakistan under the provisions of Representation of the People Act, 1976, record of University of Balochistan, judicial record and police record---Such documents fell within the categories of public documents comprising record of acts of public officers, record of judicial proceedings and documents required to be maintained by public servants under the law, thus such documents qualified as public documents---Statutory prescription of penal consequence for non-compliance with requirements of S. 55(3) of Representation of the People Act, 1976, conveyed a clear statutory intent---Material sustaining allegation made in an election petition, whether documentary or oral, must be reliable and truthful otherwise election petition was liable to dismissal---Personal verification of election petitioner on annextures and schedules attached to his petition fixed upon him the responsibility for copies of such documents being genuine and for correctness of allegations made in his election petition---Petitioner could be punished if his verification proved false---Petitioner's verification lent credibility to evidence relied by him and assured seriousness of his claim---Such statutory precaution filtered out the false and frivolous claims thereby avoiding waste of Election Tribunal's time and also saving undue harassment to returned candidate---By judicial precedent only exception to such rule would be those documents that had intrinsic probative value under the law---Such documents were certified true copies of public documents as envisaged by Art. 87 of Qanun-e-Shahadat, 1984---Photocopy of public documents was no good than a piece of secondary evidence which could not have any intrinsic probative value let alone…

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