Law:

Section:

(a) Representation of the People Act (LXXXV of 19776)-------Ss. 52, 55 & 63---Election petition---Maintainability---Allegation of corrupt and illegal practices---Contentions against maintainability of Election Petition were that petitioner had failed to specify exact nature of illegal and corrupt practice and that petition was not maintainable for non joinder of necessary parties---Burden on petitioner to specifically mention instances of illegal or corrupt practices while presenting Election Petition was not so onerous at initial stage---In order to unseat returned candidate, however, charge of corrupt practice was quasi-criminal charge and in case of doubt raised upon evidence, benefit of doubt must go to accused person was the very foundation for determination of Election Petition being tried before Election Tribunal--­Petitioner having complied with provisions of S.55, Representation of the People Act, 1976 and returned candidate having not shown as to how election petition was void for non joinder of necessary parties, objections as to maintainability of the same was rejected---Election petition was, thus, maintainable in circumstances. Peter John Sahotra v. The Returning Officer and 24 others 1995 CLC 687; Badruddin and another v. Muhammad Sarwar Kakar 1988 MLD 294 Harchand Rai v. Manga Ram and others 1986 CLC 985; Syed Saeed Hassan v. Pyar Ali and 7 others PLD 1976 SC 6; Pir Matook Ali v. Rais Muhammad Usufi and 11 others 1986 CLC 1329; Muhammad Saeed and 4 others v. Election Petitions Tribunal, West Pakistan and others PLD 1957 SC 91; Muhammad Yousuf Khan Khatak v. S.M. Ayub PLD 1973 SC 160; Munsif Khan v. Sardar Haider Zaman and others 1986 CLC 1257; Mian Ghos Muhammad v. Syed Morad Ali Shah and others 1987 CLC 861; Dr. Muhammad Shafiq Boi Khan v. Hafiz Muhammad Taqi and 12 others 1986 MLD 2220(2); Muhammad Zahir Shah Khan and another v. Nasiruddin and others 1986 CLC 2463; Inayatullah Khan v. Haji Ghafoor Jadoon and others 1992 MLD 2540; Ihrar Khatak v. Mian Muzaffar Shah and others 1991 CLC 175; Tariq Mahmood Bajwa v. Muhammad Afzal Sabi 1994 CLC 1366 and Muhammad Azad Gul v. Said Muneer Said and 11 others 1997 CLC 1132 and Bostan Ali Hoti v.…

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