Malik Touqeer Abbas Khokhar vs Malik Saif-ul-Malook Khokhar S — 2025 MLD 2010 LAHORE-HIGH-COURT-LAHORE

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Malik Touqeer Abbas Khokhar VS Malik Saif-ul-Malook Khokhar S. 144---Civil Procedure Code (V of 1908), S.139---High Court (Lahore) Rules and Orders, Vol. IV, Chap. 12, R. 12---Election petition---Affidavit, filing /annexing of---Mandatory requirements qua affidavit---Non-compliance---Effect---The affidavits of witnesses annexed with the election petition showed that the same contained simple stamp of attestation by an Advocate/Oath Commissioner---All the affidavits and particularly their verification part were identical---Section 144(2)(a) of the Elections Act, 2017 requires appending complete list of witnesses and their statements on affidavits, along-with election petition---Section 139 of the Code of Civil Procedure-1908 requires that if any affidavit has to be tendered, the same is to be administered by any Court, Magistrate or any Officer who is appointed by the High Court in said behalf---High Court (Lahore) Rules and Orders, Chapter No. 12, Volume No. IV, Rule No. 12 requires such Court, Magistrate or officer to certify at the foot of the affidavit regarding the fact of making such affidavit before him and to enter the date as well as subscribe his signature on such certificate---If the affidavits filed by a party are flawed in any way and are not verified on oath, then it will be considered that the same have not been attested on oath and accordingly, the election petition is liable to be, inter alia, dis-missed on said basis alone---In the present matter, an examination of the affidavits of witnesses reflected that there was no certificate available by oath commissioner to the effect that any of the witnesses had appeared before him and the oath was duly administered---There was no certificate of the oath commissioner regarding the fact if the oath commissioner personally knew the deponent---The attached affidavits of witnesses were deficient in many respects---When it showed that the affidavits relied upon were all identical and there was duplication of allegations, election petition was rendered entirely deficient by virtue of S.144 of the Elections Act, 2017---Even the election petition, where the verification by election-petitioner was present, the date when the verification was made was left blank and the place or the time were also not given therein---Election petition was rejected, in circumstances.

Malik Touqeer Abbas Khokhar vs Malik Saif-ul-Malook Khokhar S — 2025 MLD 2010 LAHORE-HIGH-COURT-LAHORE

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