Law: Constitution of Pakistan, 1962

Section: 98

Law: Electoral College Act (IV of 1964)

Section: 58,60

  (a) Constitution of Pakistan (1962)----   ------Art. 98-Allegation of bias and mala fide in officer passing impugned order-No material on record' except opposing affidavits sworn by petitioner and respondent-Not possible for Court to arrive at definite finding regarding conduct of officer passing impugned order-Facts and circumstances creating doubt about bona fides of proceedings before Tribunal below-Finding on basis of mere suspicion, nevertheless, cannot be recorded.   (b) Electoral College Act (IV of 1964)-----   ----Ss. 58 & 60 read with Electoral College Rules, 1964, r. 36-Effect - Notice to all contesting candidates affording them opportunity of being heard and taking down of evidence produced-Fundamental requirements, notwithstanding inquiry before Tribunal being summary in nature-Refusal to summon witnesses or to adjourn case for purpose-Tantamounts to denial of reasonable opportunity to "produce evidence"-Election Tribunal not powerless to require attendance of witnesses before it.   (c) Electoral College Rules, 1964-----   ----r. 36-Notice-Refusal to accept, does not require provisions of O. V, r. 17, C. P. C. to be complied with.   (d) Electoral College Act (IV of 1964)----   ---- Ss. 59 & 60 and Civil Procedure Code (V of 1908), S. 141-Election Tribunal-Not "Court of civil jurisdiction" within meaning of S. 141, C. P. C. Provisions of Civil Procedure Code not applicable in proceedings before Election Tribunal.   (e) Electoral College Act (IV of 1964)-----   ------S. 58 read with Electoral College Rules, 1964, r. 36 and Civil Procedure Code (V of 1908), O. V, r. 17-Election petition-Notice to contesting candidates-Refusal to accept - Whether principle laid down in O. V, r. 17, C. P. C. applicable on equitable grounds (Quaere).   (f) Interpretation of statutes----   ---Act conferring jurisdiction-- Impliedly grants power of doing all acts or employing means essentially necessary to its execution.   Maxwell on Interpretation of Statutes, 1953 Ed., p. 361 and (1879) 4 Q B 212, 491 ref. (g) Electoral College Rules 1964----   ----r. 36 (1)-Expression…