UBAIDULLAH vs Haji ATTA MUHAMMAD BANGULZAI Ss — 2025 SCMR 422 SUPREME-COURT

Case information

Citation: 2025 SCMR 422 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: UBAIDULLAH vs Haji ATTA MUHAMMAD BANGULZAI Ss
Provisions referred to: S. 145; Elections 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

UBAIDULLAH VS Haji ATTA MUHAMMAD BANGULZAI Ss. 142, 143, 144 & 145---Election dispute---Statements of witnesses---Original affidavits, failure to produce---Non-compliance of mandatory requirement---Effect---Petitioner was returned candidate in General Elections but Election Tribunal allowed election petition filed by respondent---Validity---It was mandatory requirement to file statements of witnesses on affidavits, along with election petition, otherwise the petition would be considered deficient---As per S.145(1) of Elections Act, 2017, if provisions of Ss. 142, 143 & 144 of Elections Act, 2017 were not complied with, then Election Tribunal was to summarily reject such election petition---Original affidavits were not produced rather only "marked" or "identified affidavits" were produced which could not be considered as fulfilment of mandatory requirement provided under law---In case of non-compliance of any mandatory requirement, it was the person presenting such documents, who had to face the brunt of non-compliance---Supreme Court set aside judgment passed by Election Tribunal---Appeal was allowed accordingly.

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