RAI IJAZ AHMAD KHAN versus CH. MUHAMMAD BARJEES TAHIR
Section (55 ()) and Election 63 Election Petition The applicant / non-returning candidate, being annoyed with the result of the election and holding the election petition on various grounds including the filing of the election petition, was asked to return the election petition. The candidate objected on the ground that no validation of the application was tolerated. All and one separate affidavit was also not filed by the applicant as the applicant had remotely acknowledged the defect, but only submitted that the applicant should not be technically knocked out because the law Merit is in favor of settling cases. The People Act, 1976, was a special law; the Election Tribunal could not travel beyond the provisions under which the election petition was not filed in accordance with the provisions of section 55 (3) of the Public Representation Act, 1976. Will not be with We are obliged to waive under section 63 of the said Act in accordance with the provisions of Sections 55 (3) and 63 of the Act. In the context of electoral laws, the verification of election requests was not merely a formality and could not be resolved even after the amendment of section 63 of the Public Representation Act 1976, so the election left no option. Was. The tribunal has forced such an amendment to be dismissed and its absence to dismiss the election petition. The initial objection by the returning candidate came to fruition because it was a matter of non-compliance with the mandatory provisions of the law and the result was nothing but the removal of the election petition.
Related judgments — Election Tribunal Punjab, 2009