Law: Representation of the People Act, 1976

Section: 52

Law: Constitution of Pakistan, 1973

Section: 199,225

Representation of the People Act (LXXXV of 1976)--- ----S. 52---Constitution of Pakistan (1973), Arts.199 & 225---Constitutional petition---Maintainability---Allegation of using corrupt practice and illegal means in election---Petitioners had contended that in order to achieve success in the election, the respondents had used corrupt practices and illegal means; that they had managed to cast bogus votes in their favour; that the election material, including the original statements of counts of various Polling Stations, were burnt; that said fact had clearly indicated that election was not conducted honestly, fairly and in accordance with law; and that the petitioners submitted applications for recounting, but their applications were illegally dismissed---Validity---None of the points raised by the petitioners and the allegations levelled against the respondents, could be appreciated in constitutional petition and commented upon by the High Court in exercise of its powers under Art.199 of the Constitution, because the facts agitated in the petition being controversial questions of facts, required detailed inquiry and recording of evidence and High Court in its constitutional jurisdiction, could not resolve such like complicated disputed questions of facts requiring elaborate inquiry---Petitioners had contested the election under the provisions of Representation of the People Act, 1976 and they had questioned the validity of election mainly on the grounds that respondents had used corrupt practices and illegal means for winning the election---Chapter VII of Representation of the People Act, 1976 had revealed that when there was a dispute about the conduct or validity of election and there were allegations of corrupt or illegal practice, it could only be challenged through election petition which was the only statutory remedy as provided under S.52 of the Representation of the People Act, 1976---Where a right was created by a statute which itself provided the procedure for enforcement of that right, resort must be had to that procedure before invoking the jurisdiction of the High Court---Section 52 of the Representation of the People Act, 1976 had specifically…

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