Law: Representation of the People Act, 1976

Section: 62

(a) Representation of the People Act (LXXXV of 1976)-- ---S. 62 [as amended by Representation of the People Ordinance (XVIII of 1985)]---Election petition---Procedure for trying Election petition---Amendment, introduced in S.62 has totally excluded application of Civil Procedure Code and instead Election Commission has been authorized to lay down procedure for trying Election Petition and Election Commission in its own way has formulated Rules of procedure. Mst. Hakumat Bibi v. Imam Din and others PLD 1987 SC 22 and Iftikhar Ahmad v. Ishrat Ali Siddiqi and others 1988 SCMR 676 ref. (b). Representation of the People Act (LXXXV of 1976)--- ---Ss. 62 & 64---Power of Tribunal and procedure before Tribunal---Power of Tribunal and procedure to be adopted by Election Tribunal cannot be considered synonymous, as these are totally different from each other---`Power of Tribunal' would refer to authority of Tribunal to do certain acts in aid of disposal of Election Petition, but `Procedure before Tribunal' would provide a framework of Rules to govern hearing of election petition during trial. Representation of the People Act (LXXXV of 1976)--- ---S. 62 [as amended by Representation of the People Ordinance (XVIII of 1985]---Civil Procedure Code (V of 1908)---Election petition---After amendment in Section 62, Code of Civil Procedure being no more law of procedure applicable to proceeding before Election Tribunal, it could not be urged that due to failure of respondent to file written statement before Election Tribunal within seven days, judgment should have been pronounced straightaway against respondent. [p. 600] D & E Sardar Sakhawatuddin and 3 others v. Muhammad lqbal and 4 others 1987 SCMR 1365; Mrs. Dino Manekfi Chinoy and 8 others v. Muhammad Matin PLD 1983 SC 693 and S.M. Ayub v. Syed Yusaf Shah etc. 1967 SC 436 ref. Interpretation of statutes--- --- Any contradiction in the statute has to be reconciled in a manncr as to avoid imputing absurdity to legislature. [p. 600] D Raja Muhammad Anwar and Ch. Muhammad Yaqoob Sidhu for Petitioner. Muhammad Akram Sheikh with Rehan Nawaz for Respondent No.l. Rana Ijaz Ahmad Khan for Respondent No.2. Nemo for…