Law: Representation of the People Act, 1976

Section: 60,64,52,76,62(1)

Law: Representation of the People Act, 1976

Section: 60,64,52,76,62(1)

Law: Punjab Local Government Elections Rules, 2000

Section: 88

Law: Criminal Procedure Code (V of 1898)

Section: 476,480,482

(a) Representation of the People Act (LXXXV of 1976)-------Ss. 52, 62(1), 64 & 76---Civil Procedure Code (V of 1908), S.151---Application for restoration of election petition dismissed for non-­prosecution---Absence of express provision in Representation of the People Act, 1976 empowering Election Tribunal to restore such petition---Effect---Such omission could not be taken as an insurmountable hurdle in providing a remedy to defaulting petitioner---Every court, in absence of any express provision, would be deemed to possess in its very constitution all such powers, which would be necessary to do right and undo a wrong in the course of administration of justice---Equitable principles underlying provisions of C.P.C. could be invoked in election proceedings---Proceedings for setting aside an election is one wherein entire electorate would be interested----Election Tribunal had power to restore such petition, provided there were genuine and sufficient reasons in support of such application---Principles. Muhammad Amjad v. Muhammad Anwar and 10 others 2003 MLD 57; Muhammad Hanif v. District Judge/Election Tribunal, Multan and others 1983 CLC 2965; H.M. Saya & Co., Karachi v. Wazir Ali Industries Ltd. Karachi and another PLD 1969 SC 65; The Chief Settlement Commissioner, Lahore v. Raja Muhammad Fazil Khan and others PLD 1975 SC 331 and PLD 1985 Central Statutes 677 ref. Rana Zulfiqar Ali Khan and another v. Election Tribunal, Gujranwala, Hafizabad Camp/District and Sessions Judge Hafizabad and 4 others 2001 YLR 336; Sardar Saleem Haider v. Rao Muhammad Afzal 1982 CLC 927; Muhammad Aslam Mirza v. Mst. Khurshid Begum PLD 1972 Lah. 603; Maqbool Rehman v. The State and others 2002 SCMR 1076; Hudaybia Textile Mills Ltd. and others v. Allied Bank of Pakistan Ltd. and others PLD 1987 SC 512; Muhammad Shafi and another v. Election Tribunal, Multan and another 1983 CLC 3031 and Narayan Yeshwant Nene v. Rajaram Balkrishna Raut and another AIR 1961 Bom. 21rel. Asif Nawaz Fatiana v. Walayat Shah and others 2007 CLC 610 not fol. (b) Jurisdiction--- ----Inherent jurisdiction of court, source of---Every court, in absence of any express provision, would be deemed to possess…

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