Law: Electoral College Act (IV of 1964)

Section: 58,59,30,35,36

Law: Evidence Act (I of 1872)

Section: 1,137

Law: Civil Procedure Code (V of 1908)

Section: 30(c)

Law: Criminal Procedure Code (V of 1898)

Section: 539-A

(a) Electoral College Act (1 V of 1964), Ss. 58, 59 & 60 read with rr. 35 & 36, Electoral College Rules, 1964-Election Tribunal not a Court, but acts as an administrative Tribunal-Evidence Act (I of 1872) and Civil Procedure Code (V of 1908), not applicable to proceedings before such Tribunal-Election Tribunal nonetheless charged with paramount duty to act judicially-Evidence Act (I of 1872), S. 1.   The Election Tribunal under the Electoral College Act, 1964 is required to hold a summary enquiry only, it is not bound by the provisions of the Code of Civil Procedure and the Evidence Act in the trial of the election petition; it does not even appear if the tribunal has any power to summon the witnesses although it is bound to record the evidence of the witnesses produced before it. These are some of the features of the Election Tribunal constituted under the Electoral College Act which distinguishes it from a Court of Law.   The nature of the Election Tribunal established under the provisions of the Electoral College Act, IV of 1964 is con spicuous by the very absence of all these factors and it does not function as a Court but merely as an administrative Tribunal.   Sultan Ali Naghiana v. Mian Noor Hussain P L D 1949 Lah. 301 and Muhammad Saeed v. The Election Petitions Tribunal, West Pakistan and others P L D 1957 S C 91 distinguished.   Corporation of the City of Lahore v. Mst. Fahmida Begam P L D 1952 Lah. 258 and Shell Company of Australia Limited v. Federal Commissioner of Taxation 1931 A C 275 ref.   Quasi judicial tribunals are not fettered by the technical rules of evidence. The concensus of opinion is that administrative tribunals are fact-finding bodies and the method of fact-finding varies from that which obtains in Courts of law. The tribunal under the Electoral College Act is bound to record the evidence of the witnesses. It can examine the witnesses on oath but that fact alone is not sufficient for the application of the provision of the Evidence Act, 1872, to the proceedings before the Tribunal. There is nothing in the Electoral College Act to show that the Evidence Act has been made applicable to the trial of an…