Law: Representation of the People Act, 1976

Section: 62

  Representation of the People Act (LXXXV of 1976)--- ----S. 62 [as amended by Representation of the People (Sixth Amendment) Ordinance (XVIII of 1985)]---Constitution of Pakistan (1973), Arts. 89 & 270-A---Validity of amendment in S. 62, Representation of the People Act, 1976 by Ordinance XVIII of 1985 (whereby Election Commission was empowered to frame procedure for the conduct and filing of Election petitions) challenged on the ground that Ordinance XVIII of 1985 having not been placed before National Assembly for validation within stipulated period had lapsed and that non-compliance with procedure prescribed by Election Commission would not entail dismissal of Election petition---Ordinance XVIII of 1985 stood protected vide Art. 270-A of the Constitution and the procedure framed by the Election Commission in accordance with the provisions of Ordinance XVIII of 1985 was valid---Non-compliance with such procedure which is, mandatory in nature would entail dismissal of Election petition. Muhammad Ibrahim v. Muhammad Arif Sardar 1986 CLC 2050; Sardar Khalid Nawaz v. Mian Manzoor Ahmad Wattoo 1987 CLC 116: Lt.-Co. (Retd.) J. Abel v. Emmanual Zafar arid others 1987 MLD 1372; Maulvi Abdur Rahim v. Shahzada Mohayuddin 1987 MLD 2460 and Mahr Zafar Anmad Haraj v. Dr. Khawar Ali Shah 1988 CLC 1289 ref. Muhammad Iqbal for Petitioner. Shahid Hamid for Respondent No.1. JUDGMENT   The petitioner had contested election to Constituency No. PP-177, Khanewal-IV, held in November, 1988. Haji Irfan Ahmad Khan, Habib Ullah Khan, Abdur Razzaq, Ahmad Khan and Muhammad Shafi had also contested elections from the same Constituency. They had polled votes as under:-- Haji Irfan Ahmad Khan...... 30,241 Mian Nazir Ahmad (petitioner)....... 932 Ahmad Khan.......... 95 Habib Ullah Khan....... 142 Abdur Razzaq......... 23,329 Muhammad Shafi 314 Haji Irfan Ahmad Khan (respondent No.1) was declared successful. Mian Nazir Ahmad has filed the instant election petition. He has challenged the election of Haji Irfan Ahmad Khan and prayed for defeating him by declaring the election as unlawful and illegal. The respondents other than Haji Irfan Ahmad Khan, did not turn up in spite of…