Representation of the People Act, 1976 [Pakistan] Case Reference

Representation of the People Act, 1976 [Pakistan]

Section 52- Concealment of asset- The Tribunal after framing issues and recording evidence of the parties, accepted the Election Petition on the ground of concealment of asset. Appellant's election was declared void and fresh election in the constituency was ordered. Being aggrieved by such decision the appellant filed the present appeal.

Eventuality also he would have only claimed return of his investment plus damages and nothing more. So the question of concealment of ownership in Koh-e- Noor Textile Cotton Mills does not arise. The finding of the Election Tribunal in these circumstances is not sustainable in law. .....Ch. Hamid Hameed VS Barrister Abdullah Mumtaz, [1 LM (SC) 637]

Section 55- Precise statement of facts should be stated in the election petition with all material particulars with regard to the corrupt and illegal practices In order to prove a plea of rigging there has to be material on record to establish corrupt practices committed on behalf of the returned candidate. Section 55 of the Representation of the People Act, 1976, therefore, requires that precise statement of facts should be stated in the election petition with all material particulars with regard to the corrupt and illegal practices. In the present case however, only general allegations as to rigging were made. The evidence that was led was so deficient that it was not enough to establish prevalence of corrupt or illegal practices. We, therefore, do not find any legal error in the impugned judgment, which could warrant interference by this Court. This appeal is dismissed with no order as to costs. .....Mir Saleem Ahmed Khosa =VS= Zafarullah Khan Jamali, [3 LM (SC) 97]