Case Details

Citation(s)
1991 SLG 681 1991 SLD 681 1991 CLC 1

Appeal No.1/Elect-T NA of 1990, decision dated: 24-09-1990
IRSHAD HASAN KHAN, MUHAMMAD ARIF AND FALAK SHER, JJ
Muhammad Jawaid Iqbal Jafree of Slarpore for Appellants. Khalid M. Ishaq, Ashtar Ausaf, M. Azim Butt and M. M, Saeed Baig for
Respondents

Pir ALLAY IMMRAWN and othersvsMian MUHAMMAD NAWAZ SHARIF and others

Law:

Section:

(a) Representation of the People Act (LXXXV of 1976)--- ----S. 14(5)---Objection against filing of nomination papers---Appeal against rejection of objections---Failure to answer interrogatories ---Effect---Election Tribunal had to decide appeal against rejection of objections against nomination papers summarily, there being no provision of interrogatories---Appellant had no locus standi to deliver interrogatories to respondent without leave of ---­Tribunal---Such leave having not been obtained no inference could be drawn from failure to answer alleged unauthorised interrogatories. (b) Representation of the People Act (LXXXV of 1976)--- ----S. 14---Objections against nomination papers---Reply to such objections not accompanied by an affidavit---Effect---Failure to file affidavit before Returning Officer was a mere irregularity which stood cured, when respondent ad sworn affidavit in support of his reply to the objections and the same had bee placed on the record of Election Tribunal ---Afrdavit sworn by respondent early stated therein that reply to objections was filed before Returning Officer the dictation of respondent. (c) Representation of the People Act (LXXXV of 1976)--- ----S. 14---Representation of the People (Conduct of Election) Rules, 1977, Rr.4-A & 4-B---Objections by elector were to be compulsorily accompanied by an affidavit while candidate could file his duly sworn affiavit and supporting documents alongwith his reply to the objections---Onus would be on the objector to prove allegations against candidate. (d) Representation of the People (Conduct of Election) Rules, 1977--- ----S. 4-A---Affidavit of objector in support of objections against nomination of candidate---Value of---Objector's affidavit in support of objections against candidate was defective because same did not stricto senso conform to the requirements of RA-A, Representation of the People (Conduct of Election) Rules, 1977, inasmuch as it did not disclose facts which were within the personal knowledge of objector and which contained statement of belief and which statements were based on information received---Such affidavit also did not disclose the source of information received.…
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