Law: Representation of the People Act, 1976

Section: 78(3)(d),82,94,95

Representation of the People Act (LXXXV of 1976)------Ss. 78(3)(d), 82, 94 & 95---Corrupt practices---Prosecution of offences by public officers---Lodging of complaint---Scope---No bar exists in lodging the complaint in respect of offences made cognizable under S.82, Representation of the People Act, 1976 for invoking the jurisdiction of Sessions Judge either by the Election Commission or by the Chief Election Commissioner and by an individual---Chief Election Commissioner or the Election Commission both are competent to lodge the complaint notwithstanding the observations made in the Supreme Court s in case of Civil Appeal 409 of 2010 titled Muhammad Rizwan Gill v. Nadia Aziz and others decided on 14-6-2010=PLD 2010 SC 838 and in case of Civil Appeal No.191-L of 2010 titled Mian Najib-­ud-Din Owaisi v. Amir Yar and others (2011 SCMR 180)---As regards Ss.94 & 95 of the Representation of the People Act, 1976 for the purpose of S.78(3)(d) of the said Act, notwithstanding the Election Commission or the Chief Election Commissioner or any individual or any other person can lodge the complaint---Principles. Section 78(3)(d) of the Representation of the People Act, 1976 defines the `corrupt practices', whereas section 82 of the Act prescribes the penalty for the offence of corrupt practices. This offence has been made cognizable under Section 94 of the Act, perusal whereof indicates that for invoking the jurisdiction of the Sessions Judge even an individual can lodge the complaint. The careful perusal of the provision of section 94, Representation of the People Act, 1976 indicates nothing about lodging the complaint either by an individual person or by the Chief Election Commissioner or by the Election Commission as is evident from the reading its plain language. It is rather section 95 of the Act which contains the provisions about lodging complaint in respect of offences other than those falling under section 78(3)(d) read with section 82 of the Act. It provides that the Commission or the Commissioner (Chief Election Commissioner) can lodge the complaint in respect of such other offences. Thus, a comparative study of both sections 94 and, 95 of the Act would…

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