Law:

Section:

(a) Representation of the People Act (LXXXV of 1976)-------Ss. 103-AA & 52---Constitution of Pakistan (1973), Art.185(3)---Power of Election Commission to declare a poll void---Application by the `defeated candidate before Election Commission alleging therein corruption and corrupt practices in the polling---Complaint received by the Commission was not corroborated by any reliable material; evidence produced by the applicant and his witnesses was vague, sketchy and devoid of any substance to inspire confidence; applicant had failed to furnish full particulars with names, places and the time of alleged corrupt or illegal practices or of any other illegal act as alleged by him to get a verdict in his favour---Effect---Held, after the publication of the name of returned candidate in the official gazette the only remedy available to the applicant was to file an election petition as provided under S.52, Representation of the People Act, 1976 before the Election Tribunal appointed under S.57 of the said Act---Provision of S.52 of the Act was expressed in the negative form to exclude the jurisdiction of all other forums, including the Election Commission to call in question the validity of an election, by a contesting candidate for the election, except by an election petition to be presented to the Commissioner within forty five days of the publication in the official gazette of the returned candidate---Supreme Court declined to interfere and dismissed the petition for leave to appeal against the returned candidate. Mir Ghalib Domki v. Election Commission of Pakistan and others PLD 2006 Kar. 314; Syed Saeed Hassan v. Pyar Ali and others PLD 1976 SC 6 and Agha Ghulam Ali v. Election Commission and others PLD 1991 Kar. 396 distinguished. (b) Constitution of Pakistan (1973)-------Arts. 25 & 199---Representation of the People Act (LXXXV of 1976), S.52---Election dispute---Constitutional jurisdiction of High Court---Scope---High Court, under Art.199 of the Constitution cannot grant relief in view of Art.225 of the Constitution and S.52, Representation of the People Act, 1976. Election Commission of Pakistan v Javed Hashmi PLD 1989 SC 396 ref. Maqbool Ellahi Malik,…

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