Javed Shah (fard Pata)
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In the Court of Mr. Justice Farrukh Mehmood Esq. Election Tribunal of N.A. 152 Multan at Bahawalpur.
C.M. No. _________/2003 In E.P. No. 176/2002 Syed Javed Ali Shah
Vs.
Syed Asad Murtaza Gilani etc.
Application for permission to file “Fard Patta” Written reply on behalf of respondent No. 1. The respondent on respectfully gives reply as under: Preliminary Objections: 1.
That the applicant has not mentioned under what provision of law, he has moved this application as such the application is not maintainable and liable to be dismissed.
2.
That in pursuance of the power conferred by sub-section (i) of section 62 of the representation of the Peoples Act, 1976, the Election Commission has laid down the procedure for trial of election petition and according to: (i)
Every election petition shall be filed with the Secretary, Election Commission of Pakistan, in triplicate and shall be accompanied by all such documents and affidavits of the witnesses as desired to be produced by the petitioner along-with the receipt indicating that the copies of the petition, the attached documents and the affidavits annexed to the petition have been supplied to the respondent”
It means that at the time of institution of the election petition, the petitioner would have attached all kinds of documents with it. Now at this stage, the petitioner cannot submit Fard Patta, because there is no provision, which entitles the filing of lacunas at this later stage. Therefore, the application is not maintainable and is liable to be dismissed. ON FACTS: 1.
No comments.
2.
That para No. 2 of the application is correct to the extent of not filing address (Fard Patta). Rest of the para as stated is not correct and admitted.
3.
That para No. 3 of application is not correct.
4.
That para No. 4 of the application is not correct. The prayer of the application is not correct. The application is not maintainable and is liable to be dismissed. Respondent No. 1,
Dated: _______ Through: Syed Muhammad Afaq Shah, Advocate High Court, 96-District Courts, Multan.
C.M. No. _________/2003 In E.P. No. 176/2002 Syed Javed Ali Shah
Vs.
Syed Asad Murtaza Gilani etc.
Application for permission to file “Fard Patta” Written reply on behalf of respondent No. 1. The respondent on respectfully gives reply as under: Preliminary Objections: 1.
That the applicant has not mentioned under what provision of law, he has moved this application as such the application is not maintainable and liable to be dismissed.
2.
That in pursuance of the power conferred by sub-section (i) of section 62 of the representation of the Peoples Act, 1976, the Election Commission has laid down the procedure for trial of election petition and according to: (i)
Every election petition shall be filed with the Secretary, Election Commission of Pakistan, in triplicate and shall be accompanied by all such documents and affidavits of the witnesses as desired to be produced by the petitioner along-with the receipt indicating that the copies of the petition, the attached documents and the affidavits annexed to the petition have been supplied to the respondent”
It means that at the time of institution of the election petition, the petitioner would have attached all kinds of documents with it. Now at this stage, the petitioner cannot submit Fard Patta, because there is no provision, which entitles the filing of lacunas at this later stage. Therefore, the application is not maintainable and is liable to be dismissed. ON FACTS: 1.
No comments.
2.
That para No. 2 of the application is correct to the extent of not filing address (Fard Patta). Rest of the para as stated is not correct and admitted.
3.
That para No. 3 of application is not correct.
4.
That para No. 4 of the application is not correct. The prayer of the application is not correct. The application is not maintainable and is liable to be dismissed. Respondent No. 1,
Dated: _______ Through: Syed Muhammad Afaq Shah, Advocate High Court, 96-District Courts, Multan.
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