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MUHAMMAD MANSHA SANDHU versus FAROOQ YOUSAF GHURKI


Sections 55 (3) and 63 Civil Procedure Code (v. 1908), O VII, R 11 List of witnesses and affidavits The effect of non-compliance with legal requirements is the absence of evidence in the list of witnesses and their affidavits and annexures. The certification was not merely a formality, which could later be amended by allowing section 63 of the Public Representation Act, 1976, under which the Election Tribunal had no option to allow any such modification, and In the absence of it, the respondents' initial objection to dismissing the election petition had prevailed and it was a matter of gross non-compliance with the provisions. It was argued that the Election Tribunal allowed the miscellaneous application filed by the defendants and dismissed the election application under it.

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