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

Case information

Citation
2023 PLD 458 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Reporter
PLD
Parties
Col. (R) MUHAMMAD SHABIR AWAN vs Raja SAGHIR AHMED S
Subject matter
Criminal
Provisions referred to
S. 144---C; S. 139---N; S. 8---C; S. 144; S. 8; S. 139; S. 539; Civil Procedure Code (V of 1908); Notaries Ordinance (XIX of 1961); Elections Act; Notaries Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Col. (R) MUHAMMAD SHABIR AWAN VS Raja SAGHIR AHMED S. 144---Civil Procedure Code (V of 1908), O. VI, R. 15 & S. 139---Notaries Ordinance (XIX of 1961), S. 8---Contents of Election Petition---Verification of pleadings---"Notary" and "Oath Commissioner"---Distinction---Question for determination before High Court was as to whether "Oath Commissioner" and "Notary Public" was the same for the purposes of S. 144 of the Elections Act, 2017---Held; a Notary is to be appointed under the Notaries Ordinance, 1961---Power to appoint Notary vests in the Provincial Government---Functions of the Notary are laid down in S. 8 of the Notaries Ordinance, 1961---Contrary to this an Oath Commissioner is to be appointed by the High Court under S. 139(b) of C.P.C. and S. 539 of Cr.P.C.---Prime object of appointing Oath Commissioner is to attest affidavits to be produced before a court to prove any particular fact or facts---When subsection (4) of S. 144 of the Elections Act, 2017 mandates that an election petition and its annexures shall be signed by the petitioner and affidavit shall be verified in the manner laid down in the C.P.C. for the verification of pleadings, one would have no other option except to proceed strictly in terms thereof---After reading jointly O. VI, R. 15 and S. 139 of C.P.C. no other inference can be drawn except that pleadings shall be verified on oath and said oaths is to be administered by a person who is duly authorized in this behalf---In terms of S. 139(b) of C.P.C. such an officer or person can only be one whom the High Court may appoint in this behalf, which in no way can be Notary---"Oath Commissioner" and "Notary" are both different and distinct terms/offices---Intermingling of both would result into serious legal complications---When a procedure is prescribed by law for the performance of an act that should be done in that (prescribed) way but in no other way, which command of law is always deemed to be mandatory.

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