Law:

Section:

(a) Representation of the People Act (LXXXV of 1976)-----Ss. 52, 53, 56, 57 & 67(3)--Houses of Parliament and Provincial Assemblies (Election) Order (5 of 1977), Art. 13--Rejection of nomination papers of candidate by Returning Officer upheld by Chief Election Commissioner--Appeal filed before Supreme Court against order of Chief Election Commissioner, whether competent--Appeal to Supreme Court, held, would lie from decision of the Tribunal appointed under S.57 of Act LXXXV of 1976 for trial of election petitions--Two stages have been contemplated for purpose of dealing with election petitions-­Chief Election Commissioner, at first stage has to examine the petition and in case of non-compliance of provisions of Ss.52 to 54 of Representation of the People Act, 1976, he was required to dismiss the same forthwith--Where such petition was not dismissed, Chief Election Commissioner would be obliged to refer same for trial to a Tribunal--Chief Election Commissioner while dismissing petition under S.56(1) of the Act does not act as Tribunal and his decision cannot be called decision of the Tribunal--Appeal lies from decision of the Tribunal when election petition is not dismissed by Chief Election Commissioner and is referred to Election Tribunal for trial under S.56 of the Act--Powers of Election Commission under Art.13 of Order 5 of 1977 to declare a poll void in case of grave irregularities or violation of provisions of the Act was exerciseable at any time before the name of the returned candidate has been published under S.42(4) of Act LXXXV of 1976 or within 120 days of such publication-­Explanation to S.67(3) of Representation of the People Act provides that the "decision of the Tribunal" against which right of appeal has been created would not be deemed to include an order passed by Election Commission in exercise of its powers under Art.13 of Order 5 of 1977--Appeal against order' of Chief Election Commissioner whereby he upheld order of rejection of nomination papers by petitioner candidate would not be competent before Supreme Court under S.67(3) of Representation of the People Act, 1976. Mian Zahid Sarfraz v. Raja Nadir Pervaiz Khan and others 1987 S C…

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