Col. (R) MUHAMMAD SHABIR AWAN vs Raja SAGHIR AHMED Ss — 2023 PLD 458 LAHORE-HIGH-COURT-LAHORE

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Col. (R) MUHAMMAD SHABIR AWAN VS Raja SAGHIR AHMED Ss. 139, 142, 143, 144 & 145---Civil Procedure Code (V of 1908), O. VII, R. 11---Election petition---Presentation of petition---Parties to the petition---Contents of petition---Procedure before the Election Tribunal---Rejection of petition---Scope---Chapter IX of the Elections Act, 2017, lays down a procedure for the settlement of election disputes---In terms of S. 139, no election shall be called in question except by an election petition filed by a candidate for that election---For the trial of election petitions under the Elections Act, 2017, the Election Commission of Pakistan appoints as many Election Tribunals as may be necessary for swift disposal of election petitions---Election petition is to be presented in a manner provided under S. 142, and S. 144 lays down necessary pre- conditions for the election petition---Subsection (4) of S. 144 ordains that an election petition and its annexures shall be signed by the petitioner and the petition shall be verified in the manner laid down in the Civil Procedure Code for the verification of pleadings---Section 145 prescribes a procedure before the Election Tribunal---Subsection (1) of S. 145 contemplates if any provision of S. 142, 143 or 144 has not been complied with, the Election Tribunal shall summarily reject the election petition---Once the Election Tribunal reaches the conclusion that petition is not proceedable it cannot wait till the culmination of the proceedings through regular trial---Mandate of law is to nip the evil in the bud---Civil Procedure Code also bestows power upon the Civil Court to reject the plaint summarily in terms of O. VII, R. 11, if it suffers with the flaws mentioned in the said provision---Election Tribunal, thus, can proceed on the same pari materia and reject the election petition at any stage---Tribunal is even vested with the power to adopt any other procedure for the expeditious disposal depending upon the circumstances of the case---Provisions of the Elections Act, 2017, are unequivocal and clear to this extent that a petitioner while presenting the election petition is obliged to adhere the mandate of Ss. 142, 143 & 144 of the Elections Act, 2017---Non- compliance of any of the said provisions renders automatic rejection of the election petition.

Col. (R) MUHAMMAD SHABIR AWAN vs Raja SAGHIR AHMED Ss — 2023 PLD 458 LAHORE-HIGH-COURT-LAHORE

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