Contents of petition

2023 PLD 458 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Ss. 139, 142, 143, 144 & 145Civil Procedure Code (V of 1908), O. VII, R. 11Election petitionPresentation of petitionParties to the petitionContents of petitionProcedure before the Election TribunalRejection of petitionScopeChapter IX of the Elections Act, 2017, lays down a procedure for the settlement of election disputes

In terms of S. 139, no election shall be called in question except by an election petition filed by a candidate for that election

For the trial of election petitions under the Elections Act, 2017, the Election Commission of Pakistan appoints as many Election Tribunals as may be necessary for swift disposal of election petitions

Election petition is to be presented in a manner provided under S. 142, and S. 144 lays down necessary pre- conditions for the election petition

Subsection (4) of S. 144 ordains that an election petition and its annexures shall be signed by the petitioner and the petition shall be verified in the manner laid down in the Civil Procedure Code for the verification of pleadings

Section 145 prescribes a procedure before the Election Tribunal

Subsection (1) of S. 145 contemplates if any provision of S. 142, 143 or 144 has not been complied with, the Election Tribunal shall summarily reject the election petition

Once the Election Tribunal reaches the conclusion that petition is not proceedable it cannot wait till the culmination of the proceedings through regular trial

Mandate of law is to nip the evil in the bud

Civil Procedure Code also bestows power upon the Civil Court to reject the plaint summarily in terms of O. VII, R. 11, if it suffers with the flaws mentioned in the said provision

Election Tribunal, thus, can proceed on the same pari materia and reject the election petition at any stage

Tribunal is even vested with the power to adopt any other procedure for the expeditious disposal depending upon the circumstances of the case

Provisions of the Elections Act, 2017, are unequivocal and clear to this extent that a petitioner while presenting the election petition is obliged to adhere the mandate of Ss. 142, 143 & 144 of the Elections Act, 2017

Non- compliance of any of the said provisions renders automatic rejection of the election petition.

2015 PLC(CS) 37 ISLAMABAD Judicial Precedent

Arts. 184(3) & 199(1)(b)(ii)Constitutional petition before the Supreme Court/High CourtQuo warranto, writ ofMaintainabilityContents of petitionConduct of petitionerIn writ petitions in the nature of quo warranto, the message was more important than the messenger

Contents of such petitions generally override concerns arising on account of the conduct or antecedents of a petitioner.