Law: Representation of the People Act, 1976

Section: 63,54,55,55(3),62

Law: Representation of the People Act, 1976

Section: 63,54,55,55(3),62

Law: Civil Procedure Code (V of 1908)

Section: O.VI,r.15(2)

Representation of the People Act (LXXXV of 1976)-------Ss. 54, 55, 62 & 63---Election petition---Election petition was filed by the petitioner/unreturned candidate against respondent returned candidate alleging that election of respondent had been procured by corrupt and illegal practice and in violation of relevant provisions of election law---Respondent raised two preliminary objections as to the maintainability of election petition; that election petition was not signed and verified as required under subsection (3) of S.55 of Representation of the People Act, 1976 and that the document and list of witnesses were not supplied to the respondent as required by Notification, dated 16-3-1985---Consequences of non-verification had been mentioned under S.63 of Representation of the People Act, 1976, whereby election petition would be dismissed for such defect---Law itself having taken care of situation i.e. dismissal of the petition for non-verification in terms of the law, said requirement had to be regarded as of mandatory nature---Petition filed by the petitioner was not in conformity with the requirement of S.55(3) of Representation of the People Act, 1976 and non-compliance thereof had to be visited a penalty envisaged in S.63 of said Act---Petition was liable to be dismissed for that reason---Non-­supply of required documents and list of witnesses was taken care of by clause (1) of Notification issued by the Election Commission of Pakistan dated 16-3-1985 which was a mandatory provision and obliged the petitioner to supply documents etc. desired to be produced by him and also attach acknowledgment receipt from the respondent; indicating that he had received not only the petition, but also the documents etc. attached thereto; and a petition which was not accompanied by those documents, would not be maintained---Failure on the part of petitioner to supply documents and the affidavits of the witnesses as desired to be produced by him, would certainly cause incurable prejudice to the defence of the respondent---Clause (1) of the Notification was not of general policy, but conferred valuable right and privilege on the respondent to know the documents relied…

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