ABDUL RAZZAQ vs CHIEF ELECTION COMMISSION — 2026 CLC 195 SUPREME-COURT-AZAD-KASHMIR

Case information

Citation: 2026 CLC 195 SUPREME-COURT-AZAD-KASHMIR
Court: Supreme Court of Pakistan
Year: 2026
Reporter: CLC
Parties: ABDUL RAZZAQ vs CHIEF ELECTION COMMISSION
Subject matter: Criminal
Provisions referred to: S. 83---C; S. 83; S. 139; S. 90; Civil Procedure Code (V of 1908); Elections Act; Civil Procedure Code

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

ABDUL RAZZAQ VS CHIEF ELECTION COMMISSION. S. 83---Civil Procedure Code (V of 1908), O. VI, R. 15 & Ss. 90 & 139---Local bodies elections---Election petition---Verification---Principles:- (i) Under S. 83(3) of the Elections Act, 2020, every election petition and every schedule or annexure to that petition shall be signed by the petitioner and verified in the manner laid down in the Civil Procedure Code , 1908, for the verification of pleadings;(ii) The reference to the C.P.C. in the provisions of S.83(3) pertains to O. VI, R. 15, C.P.C. which mandates that every pleading must be verified on oath or solemn affirmation at its foot by the party;(iii) O. VI, R. 15, C.P.C., has to be further read in conjunction with S. 139, C.P.C., which specifies the authorities empowered to administer oaths; (iv) The provisions of S. 83 of Elections Act, 2020, are mandatory in nature and its non-compliance entails dismissal of election petition under S. 90; (v) An election petition must be signed by the petitioner, not his counsel; (vii) Verification must be attested by the authorities specified under S.139, C.P.C., including notary public; (viii) A separate affidavit cannot substitute the verification of the petition; (ix) Non-compliance with S.83 is an incurable defect.

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