Law: Representation of the People Act, 1976

Section: 52,55,62,63

Law: Representation of the People Act, 1976

Section: 52,55,62,63

Law: Civil Procedure Code (V of 1908)

Section: O.VI,R.15

(a) Representation of the People Act (LXXXV of 1976)-------Ss. 52, 55, 62 & 63---Civil Procedure Code (V of 1908), O.VI, R.15---Election petition---Maintainability---Verification and attestation of election petition---Procedure---Failure of petitioner to comply with the provisions of Ss.54, 55 & 63, Representation of the People Act. 1976 and verification of the petition not in conformity with the provisions of S.55(3) of the Act read with O.VI, R.15, C.P.C.---Effect---Held, strict compliance of requirement of law was mandatory and deviation therefrom could not be afforded---Even small and trivial deviations from procedure and form prescribed by the election laws would result in dismissal of the election petition---When defects in the petition were so obvious and fatal, there would be no use of the trial on other issues and the petition was liable to be dismissed---Principles. Jagan Nath v. Jaswant Singh and others AIR 1954 SC 210; Devi Prasad v. Chairman of the Court of Election Tribunal Gorakhpur and another AIR 1956 All. 19; M. Karunanidhi v. H.V. Handa and others AIR 1983 SC 558; Zafar Iqbal Jhagra's case 2000 SCMR 250; Muhammad Ashraf Rasool v. Ali Abbasi and 13 others 200'4 YLR 1742; Haji Ch. Masood Akhtar v. Election Commission of Pakistan through Chief Election Commissioner 2005 CLC 172; Ch. Muhammad Saboor Kasana v. Muhammad Ajmal Cheema and another 2005 CLC 1577; Sardarzada Zafar Abbas and others v. Syed Hassan Murtaza and others PLD 2005 SC 600; Muhammad Saeed v. Tahir Malik and others 2005 CLC 1493; Ch. Muhammad Ashraf v. Rana Tariq Javed and others 2007 SCMR 34; Jam Mashooq Ali v. Shahnawaz Junejo 1996 SCMR 426; Imtiaz Ahmad v. Ghulam Ali and others PLD 1963 SC 382; Manager, Jammu and Kashmir, State Property in Pakistan v. Khuda Yar and another PLD 1975 SC 678; Mst. Ghulam Bibi and others v. Sarsa Khan and others PLD 1985 SC 345; Mir Mazar v. Azim PLD 1993 SC 332; Munir Ahmad and 7 others v. Additional District Judge, Kasur and 14 others PLD 2001 Lah. 149; Raja Abid Hussain and another v. Sardar Muhammad Rana and 12 others 2002 YLR 3148; S.M. Ayub v. Syed Yousaf Shah and 2 others PLD 1967 SC 486; Engineer Jarneel Ahmad Malik v. Ghulam Sarwar…

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