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Writ Petition No. 2717 of 1984, decided on 2nd December, 1985.
‑‑‑R. 4‑‑Election petition‑‑Question of compliance or non‑compliance of provision of Rules‑‑Determination‑‑Whether petitioner had supplied copy of Election petition to respondent or not, such question and consequences thereof, held, to be determined after taking evidence.
Ch. Muzarrmal Khan for Petitioner.
Muhammad Sharif Chauhan for Respondents.
.‑‑The election petition was dismissed by the Tribunal on an oral objection of respondent No. 2 that the petitioner had not provided to him a copy of the election petition. The petitioner, on the other hand, insists that a copy had been supplied and that this question had to be tried before his petition could be dismissed. The petitioner has furnished an affidavit sworn by Mr. Muhammad Abdul Rehman Janjua, Advocate to the effect that the question of supply of copy was not an admitted fact and had yet to be tried.
2. The question whether the provisions of rule 4 have been complied with or not and the consequences thereof is a question, which should have been determined after taking evidence. The petition is, therefore, allowed and the matter remitted to the Election Tribunal Sialkot for fresh decision on this question. There shall be no order as to costs.
H . B . T . Petition allowed.
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