Law: Constitution of Pakistan, 1962

Section:

(On appeal from the judgment and order of the High Court of East Pakistan, Dacca, dated the 1st April 1963, in Petition No. 57 of 1963).   Constitution of Pakistan (1962), Art. 98-Circumstances necessary for exercise, by High Court, of power conferred under Art. 98 in regard to decision of Election Tribunal-(Treating at elections).   The power of the High Court to interfere with the decision of the Election Tribunal on the point of bribery depended upon the following circumstances, namely :-   it should be satisfied that no other adequate remedyis provided by law;   the application should be by an aggrieved party ;   there should be an act done or proceeding taken bya person performing functions in connection with the affairs of inter alia the Centre; and   such act or proceeding should have been done ortaken "without lawful authority."   Pleadings---(In Mufassil)-Lack of precision to be ignored -----[Civil Procedure Code (V of 1908), O. VI].   Election----Treating at Elections-National and Provincial Assemblies (First Elections) Order (4 of 1962), Art. 62-Treating when and when not objectionable.   Treating prima facie will be regarded as innocent, and that when treating is of the quality of mutual treating between equals or treating in connection with business matters, it does not constitute an election offence, but it is so in case of treating of an inferior by a superior, otherwise than as a reward for a service or in order to secure the goodwill of the person treated and to influence his vote. A person who habitually treats others is not bound to abstain because an election is pending, and at a political meeting, it is no offence to offer refreshments. It would bean offence if the gathering was merely for gratification of the appetites of the persons present so as to influence their votes, but to attract people to a gathering by offering refreshments "of a moderate kind" is not necessarily corrupt. In consideration whether a corrupt motive is present such circumstances as that the treating was openly done and that persons were included who were not voters etc., are to be weighed in favour of…