Law: Representation Of People Act, 1976

Section: 55 , 70

Representation of the People Act (LXXXV of 1976)--- ----Ss. 55 & 70---Election petition---Petitioner, a defeated candidate challenged election alleging that respondent had committed extensive illegal and corrupt practices during entire process of election---Case being of quasi-criminal nature burden to prove allegations of illegal and corrupt practices against returned candidate was on petitioner who was required to prove same by adducing cogent evidence and strict proof--Petitioner despite producing number of witnesses in support of his assertions and allegations, failed to prove same---Election petition thus was without any substance and was liable to be dismissed on that score. Muhammad Saeed and 4 others v. Election Petitions Tribunal West Pakistan PLD 1957 SC 91; Syed Saeed Hassan v. Pyar Ali and 7 others PLD 1976 SC 6; Sher Bahadur Khan alias Malik Bahadur Khan v. Abdul Samad Khan and 14 others PLD 1975 Pesh. 124; Muhammad Amin and 4 others v. Shujat Ali Khan and another PLD 1986 Jour. 66 and Jamaluddin Shah v. Abdul Sattar and 13 others PLD 1986 Journal 146 ref. JUDGMENT This Election Petition by Haji Amanullah Khan son of Gul Mullah Khan, petitioner herein, has been filed against Sahibzada Fatehullah Khan son of Ahmad Sahibzada, the   District Returning Officer, Dir and Azizur Rehman Khan alias Katpatay Khan, respondents 1 to 3 herein, seeking a declaration to the effect that the election of respondent No.1 from Constituency NA-26 Dir-1 is void and ineffective because respondent No.1 has indulged and committed illegal/corrupt practices during the entire process of the election which includes casting of bogus votes which has materially affected the result of the election. It has been further prayed in the petition that petitioner be declared as duly returned and successful candidate instead of respondent No.1 from the aforesaid Constituency or in the alternative the election as a whole should be declared as void, illegal and without any effect and also to declare the seat as vacant or any direction deemed proper in the matter may be passed in the petition. It may be pointed out here that this election petition was originally filed before a…