Law:

Section:

(a) Representation of the People Act (LXXXV of 1976)-------Ss. 55 & 63---Civil. Procedure Code (V of 1908), O.VI, R. 15---Election petition---Mode of signing and verification---Non-signing of election petition, schedules and annexures and absence of verification of such documents--­Penalty---Distinction between non-signing and absence of verification of Election petition and plaint in a suit---Election petition, every schedule and annexures attached therewith would be signed and verified in such manner as prescribed in Civil Procedure Code, 1908 for verification of pleadings---While failure to observe provisions of O.VI, R. 15, Civil Procedure Code, 1908, relating to a plaint in suit is not visited by any penalty, provisions relating to signing and verification of election petition if not complied with, would render election petition liable to dismissal in terms of S. 63, Representation of the People Act, 1976---Provision relating to signing and verification of plaint is directory but in relation to signing and verification of election petition it is mandatory---Election petition, its schedules and annexures having neither been signed nor verified, was, thus liable to dismissal. Shafiq Metal Works v. Bank of Bahawalpur PLD 1973 Note 33 at p.33; Mian Muhammad Khan v. Mian Fazal PLD 1974 SC 134; J. Abel v. Emmanual Zafar 1987 MLD 1372; Sardar Khalid Nawaz v. Mian Manzoor Ahmad Wattoo 1987 CLC 1167 and Ch. Muhammad Aslam v. Mian Waheed-ud-Din 1990 ALD 170 ref. ' Yusaf Ali Shah v. Election Tribunal, West Pakistan PLD 1967 Pesh.207 and Muhammad Zubair v. Rana Phool Muhammad PL1 1973 Tr.C. (Election) 3 ref. (b) Representation of the People Act (LXXXV of 1976)--- ----S. 62---Procedure prescribed by Election Commission for filing of election petition---Non-observance of such procedure---Effect---Election petition when not in accordance with the procedure prescribed by Election Commission, would not be entertained---Secretary, Election Commission having not exercised his powers and having entertained the same (in spite of non-observance of such procedure) Election Tribunal declined to entertain such question at a belated stage especially when affected persons did…

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