Law:

Section:

(a) Representation of the Peoples Act (LXXXV of 1976)-------S. 62 (1)---Election Commission's Notification No.F. 1(7) 85-CORD dated 16th March 1985, paras. 1 & 2---Election petition whether liable to be dismissed allegedly for non-supply of copy of its Annexures to respondent---Petitioner having enclosed certificate with election petition which disclosed that copies of Annexures were sent by petitioner to all the respondents through Registered Post Acknowledgement Due, and such Certificate supported by affidavit, could not make the credentials of petitioner doubtful---Besides, election petition having been referred to Election Tribunal, there was strong presumption that procedure as laid down by Election Commission was complied with in letter and spirit---Election petition was, thus, competent and .maintainable in circumstances. (b) Representation of the People Act (LXXXV of 1976)--- ----S. 55 (3)---Civil Procedure Code (V of 1908), O.VI, R. 15---Omission to verify accompaniment (Annexures) of election petition---Effect---Omission to verify or defective verification was mere irregularity which would not affect merits and such omission or defect could be allowed to be made good at any stage of proceedings ---Annexures in question, having been admitted in evidence through statement of witnesses made on oath and respondent having not questioned their authenticity, objection relating thereto, had become redundant. Ihrar Khattak v: Mian Muzaffar Shah and others 1991 CLC 175 rel. (c) Representation of the People Act (LXXXV of 1976)--­ ----Ss. 99 & 68(1)(b)---Constitution of Pakistan (1973), Art. 63---Disqualification set up in election petition in terms of Art. 63 of the Constitution and S. 99, Representation of the People Act 1976---Effect---Such disqualification, being contained in statute, and there being no estoppel against statute, petitioner's failure to object to such disqualification at the time of scrutiny of nomination papers would be of no effect.--[Estoppel]. (d) Constitution of Pakistan (1973)--- ----Art. 63 (k)---Respondent being employee of Afghan Refugees Organisation until 31-5-1973, contesting election before expiry of statutory period of…

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