Rejection 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.

2020 PLC 12 NATIONAL-INDUSTRIAL-RELATIONS-COMMISSION Judicial Precedent

S. 33Civil Procedure Code (V of 1908), O. VII, R. 11Redressal of individual grievancesDelay in filing grievance petitionRejection of petitionNon-service of grievance noticeEffectAppellant assailed order of Single Member whereby his grievance petition was dismissed being time-barredValidityAppellant was dismissed from service on 26/02/2013 while the grievance petition was filed on 30/12/2016Delay of more than three years had not been explained justifiablyGrievance petition was hopelessly time-barred

Appellant had not served grievance notice upon the respondents, which was a prerequisite condition for filing the grievance petition

Single Member had not committed illegality or irregularity by accepting the application of respondents under O.VII, R.11, C.P.C. and thereby dismissing the grievance petition

Appeal was dismissed.

2017 CLD 572 ISLAMABAD Judicial Precedent

S. 305Civil Procedure Code (V of 1908), O.VII, R.11Winding up of companyRejection of petition

Respondent sought rejection of petition on the plea that petitioner did not have any authority to file winding up petition

Validity

For the purposes of deciding application under O. VII, R. 11, C.P.C., the sole element that needed examination was that whether from statement made in winding up petition it was evident that the same was barred by law

Question of ratification did not arise as the resolution was passed and appended prior to filing of winding up petition; whether the resolution was in accordance with Articles of Association could not be determined while deciding application under O. VII, R. 11, C.P.C.

Authorization to attorney/lawyer for filing the petition was a matter between client and lawyer

High Court declined to reject winding up petition

Application was dismissed in circumstances.