| Citation(s) |
|---|
| 2025 SLG 5160 2025 SLD 5160 = 2025 LHC 3892 |
Election-petition No. 20792 of 2024
PRESENT; (Sultan Tanvir Ahmad) Judge / Tribunal
Dates of hearing 08.11.2024, 10.01.2025, 11.02.2025 and 18.02.2025. Petitioner by Mr. Muhammad Shan Gul, learned Advocate.
Respondent No. 3 / Returned Candidate Mr. Shamim-ur-Rehman Malik (filed power of attorney on 18.02.2025), learned Advocate.
Respondent No. 1 Mr. Muhammad Imran Arif Ranjha, learned Legal Advisor.
Respondents No. 2, 4 to 22 Ex-parte vide order dated 21.06.2024.
Shahzad Nazir
VERSUS
Election Commission of Pakistan and 22 Others
Law: High Court (Lahore) Rules, and Orders
Section: 139
Law: Election Act, 2017
Section: 144
Law: Code Of Civil Procedure, 1908.
Section: 145(1)
SUMMARY
The Election Tribunal examined multiple defects in the petitioner’s election-petition relating to verification and attestation. The petition lacked a date, contained blank spaces, and the oath commissioner’s certificate incorrectly mentioned a stranger (Raja Rashid Hafeez) instead of the petitioner. The endorsement “in person†on the stamp also failed to meet legal requirements.
When asked to clarify, the petitioner filed C.M. No. 01/2025 supported by two affidavits of the oath commissioner; however, these affidavits were found invalid because the oath commissioner administered his own oath, which is impermissible under Section 139 CPC and High Court Rules.
Witness affidavits were identically worded, carried the same defective endorsement (“I m personâ€), lacked CNIC details, and did not fulfill the requirements of Section 144 of the Elections Act, 2017.