Akeel Aslam vs Mehmood Anwar Ss — 2025 MLD 1042 LAHORE-HIGH-COURT-LAHORE

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Akeel Aslam VS Mehmood Anwar Ss.139, 142 & 145 ---Civil Procedure Code (V of 1908) O.VI, R.15 ---Limitation Act (IX of 1908) Ss.5 & 29(2)(b)---Election petition---Maintainability --- Verification of election petition---Defective verification and affidavits --- Limitation for filing election petition---Condonation of delay under S.5 of Limitation Act, 1908 in proceedings under Elections Act, 2017, applicability of --- Brief facts of the case were that the petitioner, a contesting candidate in the general elections, filed an election petition under S.139 of the Elections Act, 2017, challenging the notification declaring respondent No.1 as the returned candidate on the grounds of corrupt and illegal practices during the election---The primary legal dispute pertained to the maintainability of the petition due to an alleged delay in filing as the same was submitted 4 days beyond the 45 days limitation provided under S.142 of the Elections Act, 2017--- The petitioner filed an application seeking condonation of delay, arguing that the delay resulted from prior litigation---It was contended on behalf of the returned candidate that S.5 of Limitation Act, 1908 did not apply to the proceedings under Elections Act, 2017 and that there were defects in verification and affidavits---Held: The petition was barred by four days and the time consumed before the wrong forum was petitioner's own choice and the same could not be condoned by invoking S.5 of Limitation Act, 1908 which was not applicable to the present case by virtue of mandate of S.29(2)(b) of the Limitation Act, 1908 --- As far as issue of maintainability of the petition was concerned, the mere fact that the verification at the bottom of the petition was without stamp of the oath commissioner was fatal inasmuch as same did not fulfill the requirements of O. VI, R.15, C.P.C.--- If petitioner was not personally known to the oath commissioner concerned he could be identified by some other person including an advocate who would then be required to state that the election petitioner was personally known to him (identifier), however, in the present case, the name of the identifier was not reflected ---The ground forming part of the petition was verified without any stamp of the oath commissioner by appending defective affidavit --- The election petition along with annexures was verified when the annexures were not even ready, meaning thereby, the petition and its annexures were not properly verified --- Therefore, the petition was not maintainable on account of limitation and defective verification as well as affidavits appended therewith --- The election petition, being not maintainable, was rejected, in circumstances.

Akeel Aslam vs Mehmood Anwar Ss — 2025 MLD 1042 LAHORE-HIGH-COURT-LAHORE

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