Law: Representation Of People Act, 1976

Section: 52

  Representation of the People Act (LXXXV of 1976).- ----S.  52---Notification  No.F.1  (7)/85-Cord;  dated  16-3-1985---Election petition---Petitioner was bound to annex with the election petition all the documents and affidavits of witnesses which he desired to produce---Petitioner having failed .to produce such documents or affidavits of witnesses alongwith the election petition was liable to suffer penal consequences provided in the notification dated 16-3-1985, whereby he was not allowed to produce documents or the witnesses. Representation of the People Act (LXXXV of 1976).-. ----S. 52---Election petition---Allegations of corrupt and illegal practices-- Mode of proof---Analogy of criminal trials would hold good in matter of corrupt or illegal practices which must be affirmatively proved to the exclusion of reasonable hypothesis consistent with the non-commission of the corrupt practice; benefit of doubt must go to the person against whom the corrupt illegal practice was alleged. Muhammad Saeed and 4 others v. Election Petitions Tribunal, West Pakistan and others PLD 1957 SC 91; Syea Saeed Hassan v. Pyar Ali and 7 others PLD 1976 SC 6 and Khan Muhammad Yousaf Khan Khattak v. S.M. Ayub and 2 others PLD 1973 SC 160 rel. Qanun-e-Shahadat (10 of 1984)--- ---Art. 114---Estoppel---Nothing was brought on record to constitute any conduct of respondent amounting to estoppel ---Even petitioner himself in his statement before Court did not point out any such conduct ---Estoppel against respondent was not constituted in circumstances.--[Estoppel] Representation of the People Act (LXXXV of 1976)--- '   ----S. 52---Election petition---Allegations of illegal and corrupt practices-- Petitioner having failed to annex with the election petition documents and affidavits of witnesses desired to produce them at the trial but he was not allowed to produce either documents or witnesses except his own statement-- petitioner thus, could not produce any evidence to the effect that respondent was not qualified to be elected as a Member of the legislature---Election petition was dismissed in circumstances. Munir Khan for Petitioner. Jehanzeb…