Law: Elections Act, 2017

Section: 155, 164, 145

Law: Representation of the People Act, 1976

Section: 67(3)

(a) Elections Act (XXXIII of 2017)---

----S.155---Representation of the People Act (LXXXV of 1976) [since repealed], S. 67 (3)---Right of appeal---Distinction---Appeal under S. 155 of Elections Act, 2017 lies to Supreme Court against a "final decision" of the Tribunal---In contrast, S. 67(3) of Representation of the People Act, 1976 stated that any person aggrieved by a "decision" of the Tribunal may challenge it by way of an appeal to the Supreme Court.

(b) Elections Act (XXXIII of 2017)---

----Ss.145, 155 & 164---Civil Procedure Code (V of 1908), S.151---Dismissal for non-prosecution---Term "final decision"---Scope---Restoration---Absence of counsel---Election Tribunal, jurisdiction of---Applicant sought restoration of his election petition which was dismissed for non-prosecution---Respondent/returned candidate resisted restoration on the plea that Election Tribunal had become functus officio after dismissal of petition and remedy was to file an appeal before the Supreme Court---Validity---Right of appeal has not been expressly provided under S. 145(1) Elections Act, 2017---Rejection made after application of judicial mind constitutes a "final decision" and thus attracts appellate mechanism under S. 155 of Elections Act, 2017---Where a judicial determination terminates lis before Election Tribunal, it cannot be excluded from the ambit of a "decision" merely due to absence of express language---Dismissal in default is procedural termination/disposal of matter without application of judicial mind, leaving room for the petitioner to revert back and seek restoration of the petition by invoking inherent powers of the Tribunal, subject to show sufficient cause---Such procedural terminations do not constitute a final decision---Deliberate use of term "final decision" in S. 155 of Elections Act, 2017 reinforces and supports such interpretation---Provisions of Elections Act, 2017 aim at ensuring expeditious and effective adjudication of election disputes and such legislative objective is advanced - not defeated, by recognizing Tribunal's authority to restore petitions dismissed for non-prosecution, provided sufficient cause is shown---In the present cause list of cases of counsel for applicant exhibited that he was busy before other Bench of High Court on the fateful day---Medical certificate of applicant reflected that he was suffering from respiratory problem---When main petition was dismissed in December, 2024, there was smog and/or fog across the province and such respiratory problem had become severe, making it difficult for a patient suffering from respiratory disease to travel---Application was well within time and duly supported by affidavit and no serious objection was raised from the other side--Election Tribunal set aside the order dismissing election petition for nonprosecution and restored the same---Application was allowed.

Chaudhry Asad Ur Rehman v. The Election Commission of Pakistan and 17 others 2018 CLC 1040 distinguished.