| Citation(s) |
|---|
| 2026 SLG 520 2026 SLD 520 = 2026 CLC 195 |
Supreme Court (AJ&K)
Civil Appeals Nos. 94, 95, 96, 97, 99, 120 and 128 of 2024, decided on 28th November, 2024. (Against the judgments of the Election Tribunal dated 23.06.2023 in Election petitions Nos. 24, 25 of 2022 and 49 and 54 of 2023; 12.07.2023 in election petition No. 18/2-22; 01.08.2023 in election petition No. 103 of 2023; and 04.09.2023 in election petition No. 111/2023).
Presented By: Before Raja Saeed Akram Khan, CJ and Kh. Muhammad Nasim, J
Abdul Aziz Ratalvi and Muhammad Haleem Khan Advocates for Appellants (in C.As. Nos. 94-97 of 2023). Muhammad Altaf Chaudhary Advocate for Appellant (in C.A. No. 99 of 2023). Saqib Ahmed Abbasi and Raja Khalid Mehmood Khan Advocates for Appellants (in C.A. No. 120 of 2023). Ch. Nasrullah Advocate for Appellant (in C.A. No. 129 of 2023). Muhammad Zubair Raja Advocate for
Respondent (in C.A. No. 94 of 2023). Jahanzeb Khan Advocate for
Respondent (in C.A. No. 95 of 2023). Ex-parte for
Respondent (in C.A. No. 96 of 2023). Ch. Muhammad Ashraf Ayaz Advocate for
Respondent (in C.A. No. 99 of 2023). Arshad Mehmood Mallik Advocate for
Respondent (in C.A. No. 120 of 2023). Saqib Ahmed Abbasi Advocate for
Respondent (in C.A. No. 128 of 2023).
Civil Appeals Nos. 94, 95, 96, 97, 99, 120 and 128 of 2024, decided on 28th November, 2024. (Against the judgments of the Election Tribunal dated 23.06.2023 in Election petitions Nos. 24, 25 of 2022 and 49 and 54 of 2023; 12.07.2023 in election petition No. 18/2-22; 01.08.2023 in election petition No. 103 of 2023; and 04.09.2023 in election petition No. 111/2023).
Presented By: Before Raja Saeed Akram Khan, CJ and Kh. Muhammad Nasim, J
Abdul Aziz Ratalvi and Muhammad Haleem Khan Advocates for Appellants (in C.As. Nos. 94-97 of 2023). Muhammad Altaf Chaudhary Advocate for Appellant (in C.A. No. 99 of 2023). Saqib Ahmed Abbasi and Raja Khalid Mehmood Khan Advocates for Appellants (in C.A. No. 120 of 2023). Ch. Nasrullah Advocate for Appellant (in C.A. No. 129 of 2023). Muhammad Zubair Raja Advocate for
Respondent (in C.A. No. 94 of 2023). Jahanzeb Khan Advocate for
Respondent (in C.A. No. 95 of 2023). Ex-parte for
Respondent (in C.A. No. 96 of 2023). Ch. Muhammad Ashraf Ayaz Advocate for
Respondent (in C.A. No. 99 of 2023). Arshad Mehmood Mallik Advocate for
Respondent (in C.A. No. 120 of 2023). Saqib Ahmed Abbasi Advocate for
Respondent (in C.A. No. 128 of 2023).
ABDUL RAZZAQ and others ---Appellants
VERSUS
CHIEF ELECTION COMMISSION and others ---Respondents
Law: Azad Jammu and Kashmir Elections Act
Section: XVII,83
Law: Civil Procedure Code (V of 1908)
Section: VI,15,90,139
(a) Azad Jammu and Kashmir Elections Act (XVII of 2020)--- ----S. 83---Civil Procedure Code (V of 1908), O. VI, R. 15 & Ss. 90 & 139---Local bodies elections---Election petition---Verification---Principles:- (i) Under S. 83(3) of the Elections Act, 2020, every election petition and every schedule or annexure to that petition shall be signed by the petitioner and verified in the manner laid down in the Civil Procedure Code , 1908, for the verification of pleadings;(ii) The reference to the C.P.C. in the provisions of S.83(3) pertains to O. VI, R. 15, C.P.C. which mandates that every pleading must be verified on oath or solemn affirmation at its foot by the party;(iii) O. VI, R. 15, C.P.C., has to be further read in conjunction with S. 139, C.P.C., which specifies the authorities empowered to administer oaths; (iv) The provisions of S. 83 of Elections Act, 2020, are mandatory in nature and its non-compliance entails dismissal of election petition under S. 90; (v) An election petition must be signed by the petitioner, not his counsel; (vii) Verification must be attested by the authorities specified under S.139, C.P.C., including notary public; (viii) A separate affidavit cannot substitute the verification of the petition; (ix) Non-compliance with S.83 is an incurable defect. (b) Azad Jammu and Kashmir Elections Act (XVII of 2020)--- ----S. 83---Local bodies elections---Election petition---Verification---The election petitions were signed by the counsel, not the petitioners. Furthermore, the verification was entirely absent---Election Tribunal, therefore, correctly dismissed these petitions due to non-compliance with the mandatory provisions of law--Principles governing the mandatory provisions of S. 83 of the Elections Act, 2020, leave no room for deviation---Non-compliance with the provision(s) renders an election petition legally untenable---Supreme Court maintained the Election Tribunal's decisions to dismiss the election petition---Appeals was dismissed. (c) Azad Jammu and Kashmir Elections Act (XVII of 2020)--- ----S. 83---Civil Procedure Code (V of 1908 ), S. 139---Local bodies elections--- Election petition---Verification---Argument of the…