Case Details

Citation(s)
2010 SLG 2462 2010 SLD 2462 2010 CLC 1358
Election Tribunal, Pakistan

UMAR ATA BANDIAL, J
Ch. Maqsood Ahmed for Petitioner. Mian Naseer Ahmad for
Respondents

WAQAR AHMAD CHAUDHRY

VS

Dr. TAHIR ALI JAVAID and 3 others

Law:

Section:

(a) Representation of the People Act (LXXX of 1976)--- ----Ss. 52, 55(3) & 63(a) --- Civil Procedure Code (V of 1908), O. VI, R.15---Qanun-e-Shahadat (10 of 1984), Art. 85---Election petition---Photocopies of public documents attached to election petition not verified on oath by petitioner---Plea of petitioner that photocopies of public document were exempt from rule of verification---Validity---Such copies purported to reinforce allegations made in election petition---Such copies pertaining to election record, judicial record and police record qualified as "public documents", but were neither certified copies nor verified by petitioner---Material sustaining allegations in election petition, whether documentary or oral, must be reliable and truthful, otherwise, such petition would be liable to dismissal---Personal verification of an election petitioner on annexes and schedules attached to the petition would fix upon him responsibility for copies of such documents being genuine and correctness of allegations made in the petition---Only certified true copies of public documents were exempt from rule of verification---Photocopy of a public document would not be better than a secondary evidence not having any intrinsic probative value---Requisite credibility might be lent to a photocopy of public document upon verification by election petitioner---Election petition was dismissed in circumstances. S.M. Ayyub v. Syed Yusaf Shah and others PLD 1967 SC 486; Bashir Ahmad Bhanbhan and another v. Shaukat Ali Rajpur and others PLD 2004 SC 570 and Malik Umar Aslam v. Sumera Malik PLD 2007 SC 362 rel. (b) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 87 & 88--- Public document, photocopy of--- Evidentiary value---Such copy could not be relied or accepted as a correct copy of original free from alteration---Only certified copy of such document would possess probative value. ORDER Objection by the respondent reflected in C.M. No.2 of 2009 to the effect that election petition and the documents attached thereto are not verified as required under the provision of section 55(3), of ROPA, 1976 was rejected to the extent of the election petition vide order dated 15-1-2010.…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

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