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Mehmood-ul-Haq vs Waqas Mehmood Maan Ss — 2025 MLD 169 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2025 MLD 169 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2025
Reporter
MLD
Parties
Mehmood-ul-Haq vs Waqas Mehmood Maan Ss
Subject matter
Civil
Provisions referred to
Civil Procedure Code (V of 1908)

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

Mehmood-ul-Haq VS Waqas Mehmood Maan Ss.144(1)(b), 2(c) & 144(4)---Civil Procedure Code (V of 1908), O. VI, R.15---Election petition---Maintainability---Summary rejection---Scope---Non-fulfilment of mandatory procedural requirements for filing election petition---Effect---Non-verification of pleadings---Absence of affidavit of service---Allegation of massive rigging and pressurizing voters to poll in favour of returned candidate by some influential person---Objections were raised by the respondents as to maintainability of the election petition for summary rejection thereof without resorting to regular trial---Validity---Instead of any verification at the bottom of election petition a certificate was given---Election petition was accompanied by an affidavit and the verification of the same did not reflect that which paragraph was verified on the basis of personal knowledge and which paragraph was verified on account of belief of the election-petitioner---Verification of affidavit was self-evident of the fact that the same was deficient in material respects including the requirement of identification of deponent with reference to his National Identification Card, rather identification was reflected by someone whose name was not even legible---Petitioner acknowledged before the Election Tribunal that the petitioner remained negligent in appending affidavit of service and in order to overcome this deficiency he stated that petition was filed by some other counsel, which was repelled by the Election Tribunal---Someone holding a constitutional post was alleged to have influenced the election in the given constituency, however, the petitioner had failed to give any particulars or even the name of that person---Affidavits of the witnesses were also silent as to this aspect and all the 14 affidavits were identical, as only the names of the witnesses were changed by repeating the same allegation---Election petition was rejected summarily, in circumstances.

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