Law: Representation of the People Act, 1976

Section: 54

  Representation of the People Act (LXXXV of 1976)--- ----S.54---Election petition---Plea of misjoinder and non joinder of parties--Effect---All candidates having been arrayed as respondents in addition to election functionaries within meaning of S.54(a), Representation of the People Act, 1976, election petition did not suffer from non joinder of necessary parties---Omission to join might be accountable but unnecessary joinder would not affect maintainability of election petition. Representation of the People Act (LXXXV, of 1976)--- ----Ss.55 & 63---Civil Procedure Code (V of 1908), O.VI, R.15---Election petition---Prerequisites for filing election petition not complied with by petitioner---Effect---Compliance with provision of S.55, Representation of the People Act, 1976, was not only mandatory and prerequisite for filing election petition but failure thereof, would entail dismissal of election petition-- Petitioner not only omitted to give details of corrupt practices in his election petition by giving particular names of persons indulging into such practices alongwith date and time of such act or occurrence but he also failed to file names of witnesses alongwith gist of evidence to be given by them before' Tribunal and to file affidavits of such witnesses, if any---Election petition was, thus, liable to be dismissed on account of failure to comply with mandatory I and punitive provisions of S.63, Representation of 'the People Act, 1976. Azhar Hussain v. Rajiv Gandhi AIR 1986 SC 1253; Ihrar Khattak v. Mian Muzaffar Shah and others 1991 CLC 175; Mian Shah Jehan v. Haji Lal Karim 1993 CLC 929; Tariq Mahmood Bajwa v. Muhammad Afzal Sahi 1994 CLC 1366 and Peter John Sahotra v. Returning Officer and others 1995 CLC 394 ref. Representation of the People Act (LXXXV of 1976)---   ----Ss. 55 & 63---Civil Procedure Code (V of 1908), O.VI, R.15---Election petition---Signing and verification of election petition---Omission to sign and verify election petition---Effect---Provision of S.55(3), Representation of the People Act, 1976, would indicate that election petition was required to be signed by petitioner, and in addition to such signature,…