| Case ID |
376cef37-4f64-4c3d-b887-be5cd261ddcd |
| Body |
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| Case Number |
Election Petition No. 3 and Civil Miscellaneous No |
| Decision Date |
Jun 30, 1994 |
| Hearing Date |
|
| Decision |
The Tribunal dismissed the election petition due to non-compliance with the mandatory provisions of the Representation of the People Act, 1976. The case emphasized that technicalities should not defeat the ends of justice unless they pose an insurmountable hurdle. The verification of the election petition was deemed sufficient even though it did not conform to every procedural technicality, as it verified the contents to the best of the petitioner's knowledge, information, and belief. The decision also highlighted that non-verification of supporting documents, such as lists of witnesses and affidavits, did not independently warrant the dismissal of the petition. The ruling reinforced the principle that disputes should be resolved on their merits, and that election petitions should not be dismissed for minor procedural errors. |
| Summary |
This case revolves around an election petition filed under the Representation of the People Act, 1976. The Election Tribunal in Punjab faced an application for the summary dismissal of the petition on grounds of alleged non-compliance with procedural requirements. The ruling emphasized the importance of adjudicating disputes based on merits rather than technical defects. The court found that the verification of the election petition, although not strictly adhering to the procedural norms, was adequate as it expressed the petitioner's belief in the truth of the contents. This case serves as a significant reference for election law, illustrating the balance between legal formalities and the pursuit of justice. The decision reinforces the notion that the essence of legal processes should prioritize just outcomes over rigid adherence to technicalities, thereby contributing to the evolving jurisprudence surrounding electoral disputes. |
| Court |
Election Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
TANVIR AHMED KHAN, JUSTICE
|
| Lawyers |
Raja Muhammad Anwar,
Raja Sabir,
Ashtar Ausaf Ali
|
| Petitioners |
HAJI MIAN AZIZUR-REHMAN CHAN
|
| Respondents |
ANOTHER,
MIAN ABBAS SHARIF
|
| Citations |
1994 SLD 259,
1994 MLD 2293
|
| Other Citations |
Manager, Jammu & Kashmir Estate Property in Pakistan v. Khudadad and another PLD 1975 SC 678,
Imtiaz Ahmad v. Ghulam Ali PLD 1963 SC 382,
S.M. Ayyub v. Syed Yousuf Shah etc. PLD 1967 SC 486,
Syed Niamat Ali Shah v. Sabir Shah 1988 CLC 1906,
Lt: Col. (Retd.) J. Abel v. Emmanual Zafar and others 1987 MLD 372,
Ch. Muhammad Aslam v. Mian Salah-ud-Din 1990 ALD 170(1),
Sardar Khalid Nawaz v. Mian Manzoor Ahmad Wattoo 1987 CLC 1167,
Tariq Mehmood Bajwa v. Muhammad Afzal Sahi and others 1994 CLC 1366
|
| Laws Involved |
Representation of the People Act, 1976,
Civil Procedure Code (V of 1908)
|
| Sections |
53,
54,
55,
55(3),
63,
15(3)
|