Law: Delimitation of Constituencies Act, 1974

Section: 10,10(1)

Law: Delimitation of Constituencies Act, 1974

Section: 10,10(1)

Law: Civil Procedure Code (V of 1908)

Section: O.VI,r.15

Law: Constitution of Pakistan, 1973

Section: 225

(a) Representation of the People Act (LXXXV of 1976)------Ss. 52, 55(3), 63 & 83---Civil Procedure Code (V of 1908), O.VI, R.15---Election petition-Dismissal of---Verification of pleading---Election petition though was signed by petitioner and one of his counsel, but it did not bear the requisite verification in terms of R.15 of O.VI, C.P.C.---Person signing the verification did not mention the place of signing the same---Petitioner did not file a list of witnesses including the gist of their respective statements at the time of filing of the petition---Annexures filed with the petition, were also not verified as required by the provisions of S.55(3) of Representation of the People Act, 1976---Petitioner also remained at loss in not impleading Election Commission/Member Election Commission as a respondent though all the grounds taken in the petition related directly to the delimitation carried out by Election Commission---Petition, as a whole, did not depict any cause of action against respondents therein---Provisions, as contained in S.55 of Representation of the People Act, 1976, had not been complied with in totality---Grounds in Election Petition, did not divulge any extensive corrupt or illegal practice or illegal acts against any of the respondents including the returned candidate nor same indicated that the result of election was materially affected by reason of the failure of any person to comply with the provisions of Representation of the People Act, 1976 or the Rules---Said grounds, in circumstances were inadequate to warrant the declaring of impugned election void as a whole---Where non-compliance of certain provisions of law was followed by express penal consequences, said provisions were mandatory in nature---No choice would be available for the Tribunal except to dismiss the petition as non-compliance of the provision of S.55 of Representation of the People Act, 1976 would entail dismissal of Election Petition as a natural corollary, under S.63 of the Act---Election petition suffering from infirmities and defects attracting its failure, was dismissed. Election Commission of Pakistan v. Javed Hashmi PLD 1989 SC 396; PLJ 1975 Pesh. 144; 1991…

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