Law: Representation Of People Act, 1976

Section: 14(5)

Law: Representation of the People (Conduct of Elections) Rules, 1977

Section: R.5

(a) Representation of the People Act (LXXXV of 1976)-------S. 14(5)---Representation of the People (Conduct of Election) Rules, 1977, R.5---Memo. of appeal not accompanied by certified copy of order in question---Effect---Substantive provision as regards right of appeal against decision of Returning Officer rejecting or accepting nomination of a candidate to Election Tribunal as contained in S. 14(5), Representation of the People Act, 1976, does not make it mandatory for memo. of appeal to be accompanied by a certified copy of the order in question---Rule 5, Representation of the People (Conduct of Election) Rules, 1977, however, enjoins that such appeal should be accompanied lay a certified copy of the order in question---Certified copy though not attached with the memo. of appeal was, however, filed at the time of hearing of appeal---Requirement of submitting certified copy of order in question, with the memo. of appeal being a matter of procedure was not. always of 'substance---Election Tribunal in appropriate cases would be competent either to dispense with the submission of such a copy or, if relevant, be equally competent to condone delay in making compliance---Election Tribunal in interest of justice condonedthe delay in bringing certified copy in question, or record.(b) Maxim-------"Ignorentia juris non excusat"---While ignorance of law is no excuse, lack of timely knowledge of promulgation of a law can plausibly be pleaded, if circumstantially permissible.--[Administration of justice].(c) Representation of the People Act (LXXXV of 1976)-------S. 12(2-B) [as added by Representation of the People (Second Amendment) Ordinance (XX of 1993)]---Submission of nomination papers--�Essentials---Person against whom a specified loan was outstanding could be permitted by the Returning Officer to submit a nomination paper without due declaration, if, he gave an undertaking that he would pay up such loan before specific date.Per Justice Mamoon Kazi, Member; Justice Mukhtar Ahmed Junejo, Member agreeing---(d) Representation of the People Act (LXXXV of 1976)-------Ss. 12(2)(iii), (iv) & 99(1)(f)---Respondent's declaration before Returning Officer that no amount…