Case Details

Citation(s)
2009 SLG 535 2009 SLD 535 2009 CLC 771
Election Tribunal, Sindh
C.M.A. No.91 of 2008 and Election Petition No.51 of 2008, decision dated: 21st February, 2009
JUSTICE NADEEM AZHAR SIDDIQI, ELECTION TRIBUNAL

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IMAM ALI SAMEJO

VS

GHULAM HYDER SAMEJO and 11 others

Law: Representation of the People Act, 1976

Section: 54(a)(b),55(1)(b)(3),63

Law: Representation of the People Act, 1976

Section: 54(a)(b),55(1)(b)(3),63

Law: Civil Procedure Code (V of 1908)

Section: O.VI,R.15

(a) Representation of the People Act (LXXXV of 1976)-------Ss. 54, 55 & 63---Civil Procedure Code (V of 1908), O.VI, R.15---Election petition---Dismissal of petition during trial---Non-compliance of mandatory provisions of law---Verification of annexure---Procedure---Officials party to election petition---Respondent sought dismissal of election petition during its pendency on the ground that petitioner did not comply with the provisions of Ss.54 & 55 of Representation of the People Act, 1976, which were mandatory in nature---Validity---In view of O.VI, R.15, C.P.C. read with S.55(3) of Representation of the People Act, 1976, petitioner should have signed each and every document annexed by him with his petition on oath or solemn affirmation at the foot and also have stated the date and place at which it was signed---Duty had been cast upon Election Tribunal under S.63 of Representation of the People Act, 1976, to dismiss an election petition if provisions of Ss.54 & 55 of Representation of the People Act, 1976, had not been complied with---Law had nowhere mandated that officials against whom allegation of corruption was made would also be joined as respondent to election petition---Such officials were rightly not made party to election petition---Petitioner having failed to comply with provisions of law his petition was rightly dismissed. Muhammad Ibrahim v. Muhammad Asif Sardar 1986 CLC 2050; Mian Nazir Ahmed v. Haji Irfan Ahmed and others 1993 CLC 1096; Mahr Zafar Ahmad Haraj v. Dr. Khawar Ali Shah 1988 CLC 1289; Mrs. Syeda Zahida Zaidi v. Hafiz Muhammad Taqi and others 1986 CLC 2066 and Sardar Khalid Nawaz v. Mian Manzoor Ahmed Wattoo 1987 CLC 1167 ref. (b) Interpretation of statutes--- ----Nothing can be read into a statute. Raza Hashmi and Hassan Sabir for Petitioner. Suresh Kumar for Respondent No.1. Nemo for other Respondents. ORDER JUSTICE NADEEM AZHAR SIDDIQI (ELECTION TRIBUNAL).---Through C.M.A. No.91 of 2008, the respondent No.1 prays that since the petitioner has failed to comply with sections 54(b) and 55(1)(b) and (3) of the Representation of the People Act, 1976 ("the Act"), this petition may be dismissed. Learned counsel for the…
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