AMMAR BASHIR vs IRFAN SHAFI KHOKHAR (Returned Candidate) Ss — 2025 CLC 1644 LAHORE-HIGH-COURT-LAHORE

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AMMAR BASHIR VS IRFAN SHAFI KHOKHAR (Returned Candidate) Ss. 142, 143,144(4) & 145(1)---Election petition---Maintainability---Non-fulfilment of mandatory procedural requirements while filing the election petition---Verification of election petition being a mandatory requirement---Effect and consequences---A deficient election petition must be rejected at the outset---Detailed particulars with documentary evidence to be provided in order to substantiate incidences of corrupt practices, requirement of---The challenge in the present case was against the election held on 08.02.2024 in constituency PP-167 Lahore-XXIII---The election petitioner alleged that while consolidating the results, Forms-45 issued to polling agents were unlawfully discarded, corrupt practices occurred on polling day, and the results were manipulated with ulterior motives---On the other hand, the returned candidate had raised preliminary objections, contending that the election petition suffered from procedural defects, particularly improper verification and absence of a valid affidavit of service as required under S. 144 of the Elections Act, 2017---Held: It has been settled law that details of the person identifying the election petition must be mentioned in accordance with the provisions of law and the oath commissioner was bound to specify, at the foot of the affidavit, name of the person by whom the identification of the deponent was made and in the regard certificate had to be appended---Verification of an election petition was mandatory and a petition which lacked proper verification should be summarily dismissed by the tribunal, even if the respondent had not asked or prayed for its dismissal---Moreover, when an election petition was not verified in accordance with law, this could not be treated as curable defect particularly after lapse of period of limitation prescribed for filing of election petition---In the present case, the declaration given by the oath commissioner did not reveal if the election petitioner was personally known to him---The identification was not with reference to his Computerized National Identity Card (CNIC)---Moreover, full particulars of any corrupt or illegal practices were required to be given by the petitioner, including the details as to date and place of commission of such acts of illegal practices together with documentary evidence in support of such allegations---Election petition was deficient in many respects, therefore, the same was rejected under S. 145(1) of the Act.

AMMAR BASHIR vs IRFAN SHAFI KHOKHAR (Returned Candidate) Ss — 2025 CLC 1644 LAHORE-HIGH-COURT-LAHORE

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