SARDAR MUHAMMAD HUSSAIN KHAN versus DR. MUHAMMAD NAJEEB NAQI KHAN
Sections 51, 59 and 60 Civil Procedure Code (v. 1908), O VI, R 15 Validation of Election Request, etc. Retired candidate against whom the election application was filed was submitted for verification of election request. The Jammu and Kashmir Legislative Assembly (Elections) was not in accordance with the provisions of section 51 (3) of the Ordinance, 1970, under section 51 (3) of the ratification of the Ordinance of Election Application, certifying the schedules or by-laws attached thereto. Should be done. As per OVI, R 15, the CPC Election Tribunal had all the powers of a civil court to prosecute under the Code of Conduct under Rule 60 of the Azad Jammu and Kashmir Legislative Assembly (Elections) Ordinance, 1970. ? , 1908 and the Azad Jammu and Kashmir Legislative Assembly (Elections) Ordinance, 1970 were implemented simultaneously during the trial of the election petition. In the present case, the affidavit certified by the Oath Commissioner was attached to the petition, whereby the applicant had sworn that the contents mentioned in the petition were the best. Are correct and upon confirming the credibility of the applicant, he has accepted responsibility for the truth of the petition and version taken by the applicant before the court / tribunal, pursuant to the CPC amendment provisions referred to in sections 59 and 60. No penalty was provided for non-compliance verification. The Azad Jammu and Kashmir Legislative Assembly (Election) Ordinance, 1970 will not be strictly enforced. This defect can be considered as one of the minor role and the dismissal of the election petition is such a technique.
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