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Local Government and Election Laws

The Local Govt. Ordinance, 1979

The Punjab Local Councils (Election) Rules, 1979

Representation of Peoples Act, 1976 (LXXXV of 1976)

Section 46(2)

-    Direct appeal u/s 67 (3) – declaration as to invalid votes – procedure – Deputy Election Commissioner after recount any such votes as invalid – Election Tribunal can after calling sealed bags – can also record evidence.
PLD 1995 SC 43

SECTION 55

-    As to particulars of corrupt and illegal practice not given in minute details – election petition read as a whole indicating the purpose for which the same was filed such petition would not bee dismissed.
1992 CLC 1437
1986 CLC 2663
19986 MLD 2253
1989 MLD 991
PLD 1967 SC 486
1987 MLD 84
1988 CLC 1906
PLD 1986 JOUR 160
1986 CLC 985

-    As to part of petition vague and lacking in necessary particulars – such defect would not stand in way of adjudication of other allegations.
1986 MLD 2338
PLJ Tr.C (Election) 230

-    As  to name of the witnesses mentioned in petition but affidavits not filed – discretion of election tribunal to examine such witness or not.
PLD 1986 JOUR 160

-    As to election tribunal empower to summon and examine witnesses whose name not even mentioned in election petition for fare and effective disposal.
1986 MLD 2707

-    As to failure to file list of witnesses and their affidavits – petition liable to be dismissed.
1987 MLD 2460
1986 CLC 2066
1988 CLC 1289
1992 CLC 1437

Section-63

-    As to verification not on oath or solemn affirmation not affidavit of petitioner filed – petition liable to be dismissed.
1990 ALD 170 (1)
1987 MLD 1372
1986 CLC 2050

-    Failing to sing and verify documents – not fatal.
1986 MLD 2116
1988 CLC 1906

Section 67-68

-    Evidence to be judged as in criminal cases – benefit of doubt on to respondent – petition dismissed.
1988 CLC 750.

House of Parliament and Provincial Assemblies (Election) Ordinance, 1977

Electrol Roll Act, 1974

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