Law:

Section:

(a) Representation of the People Act (LXXXV of 1976)--- ----Ss.55(3), 61 & 63---Civil Procedure Code (V of 1908), O. VI, R.15--- Election petition---Maintainability---Maintainability of election petition filed by unsuccessful candidate was objected to by the returned candidate on two grounds; firstly that election petition was not verified in the laid down manner; and secondly that none of the documents annexed to the election petition was signed by petitioner nor it was verified by him in the prescribed manner---Validity---Election petition was duly verified on oath and was signed not only by the petitioner, but by-his counsel also, though form of verification was not exactly the same which had been prescribed for verification of pleadings by provisions of O.VI, R.15, C.P.C.---Requirements .of S.55 of Representation of the People Act, 1976, had thus been fulfilled---Total absence of verification on election petition could be fatal and would attract mischief contained in provisions of S.63 of Representation of the People Act, 1976, but any defect of form in the verification would riot be so fatal because it would become a matter of technicality which could not be made a device for killing an election petition in its infancy---Even otherwise technicalities had to be avoided for doing substantial justice and same should not be used as a device to defeat substantive right---Election petition thus could not be dismissed on such ground---Documents annexed with election petition were nothing but the result of counts of vides polled issued by Competent Authority and copies of said documents were duly certified and authenticated by Authorities concerned and object behind the same was to use the same as piece of evidence in support of contention taken in the election petition---Such document, in circumstances, did not fall within definition of `annexures' and `schedule' and did not require signature or verification by the petitioner---Preliminary objections to maintainability of election petition being not sustainable, were rejected. PLD 1985 Central Statutes 677 ref (b) Words and phrases- `Annex' and `schedule'---Connotation. ORDER Petitioner Hafiz…