Law:

Section:

(a) Representation of the People Act (LXXXV of 1976)-------Ss. 12 & 76-A [as added by Representation of the People (Amendment) Ordinance (XVIII of 1997)]---Newly added S. 76-A to Representation of the People Act, 1976---Object, scope and extent of---Election Tribunal could invoke powers under S. 76-A of the Act only in cases where on basis of some material or information it was of the opinion that returned candidate was defaulter of loan, taxes, Government dues or utility charges or had submitted false or incorrect declaration regarding payment of loans, taxes, Government dues or utility charges under S.' 12 of the Act. (b) Representation of the People Act (LXXXV of 1976)--- ----S. 76-A [as added by Representation of the People (Amendment) Ordinance (XVIII of 1997)]---Constitution of Pakistan (1973), Art. 89---Expiry of Ordinance whereby S. 76-A was added in Representation of the People Act, 1976---Effect---Ordinance XVIII of 1997, whereby S. 76-A was added in Representation of the People Act, 1976 having been promulgated on 31-1-1997, and same having not' been passed by Parliament had expired on 31-5-1997 in terms of Art. 89(2)(a)(i) of the Constitution, power of Election Tribunal to pass orders suo motu thus came to an end with its expiry. Mahreen Zaibun Nisa v. Land Commissioner, Multan and others PLD. 1975 SC 397; The State v. Muhammad Sharif PLD 1960 Lah. 236; Pir Sabir Shah v. Shad Muhammad Khan, Member, Provincial Assembly, N.-W.F.P. and another PLD 1995 SC 66 and Gooderham and Worts Ltd. v. Canadian Broadcasting Corporation AIR 1949 PC 90 rel. Government of Pubjab through Secretary, Home Department v. Zia Ullah Khan and 2 others 1992 SCMR 602 ref. ORDER This is petition under section 76-A of the Representation of People Act, 1976 (hereinafter to be referred as Act of 1976) as amended uptodate. Notice was issued to the respondents. Respondent No. l has appeared through Rana Muhammad Arshad Khan, Advocate and respondent No.3 is represented by Syed Niaz Ali Shah, Additional Attorney-General while respondent No.2 did not appear, therefore, was proceeded ex parte. 2. Rana Muhammad Arshad Khan, learned counsel for respondent No.l, returned candidate, has…

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