Law: Representation of the People Act, 1976

Section: 54 , 55 , 63 , 15

  Representation of the People Act (LXXXV of 1976)--- ----Ss. 54, 55 & 63---Civil Procedure Code (V of 1908), O.VI, R. 15---Omission to sign and verify election petition---Penalty---Election petition is to be signed and verified in terms of O.VI, R.15, C.P.C.---Failure to observe provision of O.VI, R.15, C.P.C., however, is not visited by any penalty---Defect in signing, verification or presentation of plaint in a civil suit is thus, not fatal, but curable at any stage of proceedings---Provision of S.63, Representation of the People Act, 1976, however, provides that election petition would be dismissed for non-compliance of provisions of Ss.54 & 55 of the Act relating to signing and verification of election petition which is mandatory---Election petition having not been signed and verified was dismissed in circumstances. Mian Muhammad Khan v. Mian Fazal PLD 1974 SC 134; J. Abel v. Emmanual Zafar 1987 MLD 1372; Sardar Khalid Nawaz v. Mian Manzoor Ahmad Wattoo 1987 CLC. 1167 and Ch. Muhammad Aslam v. Mian Waheed-ud-Din 1990 ALD 170 rel. Yusaf Ali Shah v: Election Tribunal West Pakistan PLD 196'7 Pesh. 207; Muhammad Zubair v. Rana Phool Muhammad PLJ 1973 Tr.C. (Election) 3 and Shafiq Metal Works v. Bank of Bahawalpur PLD 1973 Note 33 at p.41 ref. Representation of the People Act (LXXXV of 1976)--- ----S. 56--Election petition---Nature of proceedings---Proceedings in election petition are pari materia to criminal Trial, therefore, petitioner has to place all the data on record before asking for trial. Azhar Hussain v. Rajiv Gandhi AIR 1986 SC 1253 rel. Representation of the People Act (LXXXV of 1976)--- ----S. 62---Election petition---Petitioner neither placing his own affidavit nor affidavit of any of his witnesses nor any document in the prescribed manner in support of his assertions in election petition---Effect---Election petition should be presented to Election Commission complete in every respect in accordance with law and procedure---Procedure of Election Commission for presentation and trial of election petition should be observed in letter and spirit by all the parties as also by the Election Commission itself---No evidence being on record…