ASGHAR ALI KHAN versus RETURNING OFFICER
Representation of the Public Act 1976, Sections 53, 56, 62 and 63 Notice No. F1 (7) / 85, dated 16 198 1985 Election petition was sought to be rejected by the respondents, claiming That the petitioner did not even appeal with this request. The list of witnesses to be submitted by the applicant, along with a summary of their affidavit and their evidence, vide Notification No. F1 (7) / 85, was found by Election Commissioner Election Commission on 16-16 1985 And was sent to the Election Tribunal. Failure to include the applicant's documents to exclude the applicant for trial of section 5 (2) of the Public Representation Act 1976, when asked to file an election petition, Notification with timely election request will be extremely fine: especially when the notification was merely a rule error and not necessarily a failure of the Election Commission to examine the application and if there was any deficiency. The applicant was required to give respect, notice, but no such notice was issued to the applicant; in the absence of any provision for excluding the election application if the notification was not complied with, the election petition was dismissed. Cannot be done, especially when the same was sent by the Election Commissioner for the tribunal trial and the applicant reiterated in response to the respondents' written reply that the application was made through the notification along with the notification.
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