Law:

Section:

(a) Representation of the People Act (LXXXV of 1976)-----S. 62(1)---Non-compliance of procedure prescribed by Election Commission for trial of election petition---Effect---Procedure prescribed by election Commission that every election petition should be accompanied by documents and affidavits of witnesses of which copies should be delivered to other side, if not complied with Secretary, Election Commission not to entertain the same and call upon petitioner to remove the defect and make up the deficiency---Once, however, election petition had been referred by Election commission to Election Tribunal, it could not reject the same on ground of on-compliance with instructions contained in the notification prescribing such procedure. Ihrar Khattak v. Mian Muzaffar Shah and others 1991 CLC 175; Mir Tariq Mahmood Khan Khetran and others v. Mir Baz Muhammad Khetran and others 1992 CLC 1766 and Haji Mian Aziz ur Rehman Chan v. Mian Abbas Sharif and another 1994 MLD 2293 ref. (b) Representation of the People Act (LXXXV of 1976)- ----Ss. 61, 62 & 63---Election Commission while empowered to lay down procedure for trial of Election petition, Election Tribunal was empowered to allow amendment of Election petition in any manner as it may deem fit for ensuring fair and effective trial and for determining real question at issue, provided that no new ground of challenge could be permitted in Election petition---Extreme penalty of dismissing Election petition could not be imposed in case there was some violation of procedure laid down by Election Commission---Requirement that Election petition should be accompanied by affidavits of witnesses would be deemed to be directory and not mandatory in view of penal consequences having been provided for non-compliance thereof. Haji Mian Aziz ur Rehman Chan v. Mian Abbas Sharif and another 1994 MLD 2293; Atta Muhammad Oureshi v. The Settlement Commissioner, Lahore Division, Lahore and 2 others PLD 1971 SC 61; Abdul Aziz Khan v. Abdur Rehman and others PLD 1985 Lah. 203; Muhammad Zaman v. Syed Abdur Rehman and another 1984 CLC 1326; Imtiaz Ahmad v. Ghulam Ali and others PLD 1963 SC 382 and S.M. Ayub v. Syed Yusuf Shah and others PLD…

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