Law: National and Provincial Assemblies (Elections) Rules, 1970

Section: 64(3), 65, 67, 75, 76, 79

Law: Civil Procedure Code (V of 1908)

Section: 100, 101

(a) National and Provincial Assemblies (Elections) Ordinance (III of 1970) Ss. 64(3), 65 & 67 read with Civil Procedure Code (V of 1908), Ss. 100 & 101-Appeal-Election petition not alleging failure of Election Tribunal to apply provision of any law or legal principle or misunderstanding or misconception of matter in dispute-Tribunal's finding not based on no evidence or in disregard of evidence or on inadmissible evidence or assumption of facts-Nor Tribunal refusing to draw any inference from proved facts or drawing inference not warranted by facts-Ground of attack in election petition being commission of corrupt practices and exercise of undue influence and Tribunal having found allegations not proved, appeal, held, not main tainable-Whether witnesses did or did not speak truth-A question of fact. (b) Question of law and fact Law and fact-Distinction-Inference of fact distinguishable from inference of law-Inference drawn from evidentiary facts and docu ments as to existence or non-existence of another fact-Such inference ac inference of fact-Question as to inference-A question of fact. (c) National and Provincial Assemblies (Elections) Ordinance (III of 1970) Ss. 64(3), 65 & 67-Election petition-Corrupt practice-Returned candidate and his supporter alleged to have canvassed votes by making speeches impressing upon audience that Ulema were heirs of Holy Prophet, that J. U. I. alone was Muslim party, and that persons voting for candidate other than that of J. U. I. would be exposed to flames of Hell-Most of speakers though leaders or workers of J. U. I. yet no assertion in election petition of such persons having used objection able language with consent or connivance of returned candidate Neither returned candidate nor any of his election agents also directly accused of committing corrupt or illegal practice in this regard Returned candidate, held, could not in circumstance be legally held responsible for speeches. (d) National and Provincial Assemblies (Elections) Ordinance (III of 1970) Ss. 64(3), 65 & 67-Election petition-Corrupt practice-Election petitioner failing to give full particulars of corrupt practices (speeches), and not proving…