Law: Civil Procedure Code (V of 1908)

Section: 151,O.IX

Law: Civil Procedure Code (V of 1908)

Section: 151,O.IX

Law: Representation of the People Act, 1976

Section: 52,56(2),76,64,53,54,55,62(1)

a) Representation of the People Act (LXXXV of 1976)--- ---Ss. 52, 62(1), 64 & 76---Civil Procedure Code (V of 1908), S. 151 & O.IX, Rr.8, 9---Application for restoration of election petition dismissed for non-prosecution-Maintainability-Election Commission in exercise of its powers under S. 62(1) of Representation of the People Act, 1976 vide Notification No. F1(7)85-Cord., dated 16-3-1985 had provided a procedure to be adopted by Election Tribunal for trial of election petition---Provision of S. 76 of the Act had expressly ousted application of O.IX of C.P.C. to proceedings before Tribunal---Tribunal being creation of special statute would discover its powers primarily thereunder---Power of review, unless conferred by statute, could not be exercised---Tribunal could dismiss election petition for non prosecution, but had no jurisdiction to review or recall its own order---Tribunal after deciding a matter in one way or the other would become functus officio and could not reopen the same---Election Tribunal dismissed such application for being not maintainable---Principles. Asif Nawaz Fatiana v. Walayat Shah and others 2007 CLC 610 rel. (b) Review--- ----Scope---Power of review, unless conferred by statute, could not be exercised. (c) Interpretation of Statutes--- ----Special law dealing with specific matter and providing special procedure therefor---Effect---Such special procedure in such matter would be followed and not that provided under general law---Principles. Nemo for Petitioners. Arshad Qayyum, Assistant Advocate-General for the Respondents. ORDER C.M. No. 1 of 2010 SH. NAJAM-UL-HASAN, J.---Shehzad Khan Khakwani, applicant/petitioner filed Election Petition No. 22 of 2008 before the Chief Election Commissioner of Pakistan, Islamabad. The same was entrusted to this Tribunal by the Election Commission of Pakistan for disposal. The petition came up for hearing before this Tribunal on 11-1-2010 when no one appeared to prosecute the election petition which was adjourned to 15-1-2010. However, same was the position on the said date and consequently the election petition was adjourned to 1-2-2010 by granting last opportunity to the parties. On 1-2-2010…

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