Malik Muhammad Akram Bhatti vs Nadeem Abbas Ss — 2025 MLD 1610 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 MLD 1610 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: MLD
Parties: Malik Muhammad Akram Bhatti vs Nadeem Abbas Ss
Subject matter: Criminal
Provisions referred to: S. 145; Civil Procedure Code (V of 1908); Election Act

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

Malik Muhammad Akram Bhatti VS Nadeem Abbas Ss. 145, 154 & 155--- Civil Procedure Code (V of 1908), O.VI, R.15--- Election petition--- Summary rejection--- Stage--- Issuance of notice---Verification, defect in--- Returned candidate sought rejection of petition on the plea that verification made by petitioner was not in accordance with law--- Plea raised by petitioner was that once notices had been issued to respondents, the Election Tribunal lacked jurisdiction to reject the petition summarily--- Validity--- Forum vested with judicial power must have inherent authority to nip unmeritorious litigation in the bud--- Power of Election Tribunal to summarily reject petition cannot be considered extinguished merely upon issuance of notices--- Certification on affidavit mirrored defects in verification of petition, which was neither in prescribed format nor it satisfied essential requirement of confirming due administration of oath in presence of Oath Commissioner---Such affidavit was non-compliant with statutory and procedural mandates---Election petition under S.145 (1) of Election Act, 2017, was liable to be rejected summarily--- Election petition was rejected, in circumstances.

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