Law:

Section:

(a) Representation of the People Act (LXXXV of 1976)-------Ss. 52, 54, 55, 56 & 63---Election petition---Maintainability--­Election petition filed by unsuccessful candidate against returned candidate challenging his election and its accompanying Annexures, were not duly verified/signed by petitioner/unsuccessful candidate--­Representation of the People Act, 1976 was a complete and self-­contained Code and Provisions of S.55(3) of the said Act required that every election petition and every Schedule or annex to that petition should be signed and verified in the manner laid down in C.P.C.---Effect of non-compliance of mandatory provisions of S.55(3) of Representation of the People Act, 1976 or of defective verification had been provided in S.63 of the said Act, whereby Election Tribunal was obliged to dismiss election petition if provisions of Ss.54 & 55 of the Act had not been complied with and penal consequences provided under said special law had made requirement of valid verification of election petition as a sine qua non of election petition itself and a defect or omission in that behalf would render election petition as incompetent---Verification of election petition under Representation of the People Act, 1976 was not merely a procedural requirement, but was mandatory in nature and it was obligatory upon petitioner to verify the same in accordance with law--­None of the requirements of law regarding verification of election petition having been fulfilled by petitioner, it was liable to be dismissed being not competent---Delay in taking objection with regard to maintainability of election petition would not amount to waiver or estoppel because provisions of Representation of the People Act, 1976 were mandatory in nature, and there could be no waiver or estoppel against a statute. Mst. Asif Nawaz Fatiana v. Walayat Shah 2003 CLC 1896; Alain Zaib Khan v. Muhammad Nawaz Khan and 2 others 1998 CLC 83; Engr. Iqbal Zafar Jhagra and others v. Khalilur Rehman and 4 others 2000 SCMR 250 and Rafaqat Hussain Awan v. Deewan Ali Chughtai and 18 others 2004 CLC 432 ref. (b) Administration of justice--- ----Where the law prescribed the method of doing a thing in a…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492