Law:

Section:

(a) Representation of the People Act (LXXXV of 1976)------S. 53----Civil Procedure Code (V of 1908), O.XIV, R.1---Election petition--­Non-framing of issues---Effect---Technicalities could be dispensed with when there was speaking evidence to adjudicate upon controversial points between parties---Where no fresh avenue was likely to be, explored, framing of issues was not inevitable. Inayat Ullah Khan v. Haji Ghafoor Jadoon and others 1992 MLD 2540; Malik Iqbal Ahmed Khan Langhrial v. Rai Ahmad Nawaz 1990 CLC 595; Peter John Salhotra v. Returning Officer 1995 CLC 394; Ch. Fateh Jang v. Dr. Sheela B. Charles 1995 CLC 923; Election Commission of Pakistan v. Javed Hashmi and others PLD 1989 SC 396; Muhammad Azad Gul v. Said Munir Said and 11 others 1997 CLC 1132; Mian Manzar Ali Ranjha v. Mian Ahmad Sher and another 1997 CLC 2020; Ch. Muhammad Abdullah Virk v. Rana Nazir Ahmad and others 1997 CLC 1599; Kh. Muhammad Awan v. Alim Adil and 19 others 1998 CLC 272; Mubarik Shah v. The State 1990 PCr.LJ 1796; Sher Muhammad alias Shera v. The State PLD 1990 Kar. 271; Federation of Pakistan through the Secretary, Ministry of Finance, Government of Pakistan, Islamabad and others v. United Mills Ltd., Karachi PLD 1977 SC 397; Muhammad Arif and another v. The State and another 1993 SCMR 1583; Kundal Khan v. Agha Jan PLD 1990 Pesh. 21; Zia Ullah Khan and another v. Government of Punjab and others PLD 1989 Lah. 554; Sardar Ali and others v. Muhammad Ali and others PLD 1988 SC 287 and Jam Mashooq Ali v. Shahnawaz Junejo 1996 SCMR 426 ref. (b) Representation of the People Act (LXXXV of 1976)--- ----Ss. 52 & 76-A [added by Representation of the People (Amendment) Ordinance (XVIII of 1997)]---Election petition---Allegations against returned candidate would squarely fall within ambit of S.76-A, Representation of the People Act, 1976---Representation of the People (Amendment) Ordinance (XVIII of 1997) having lapsed, Election Tribunal stood divested of suo motu jurisdiction---Election petition, wherein allegations contained were in terms of S.76-A, were not maintainable and could not be proceeded with on account of lapse of the Ordinance. Ch. Muhammad Abdullah Virk v. Rana Nazir…

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