Election Petitions to be Filed with the Secretary Election Commission of Pakistan within 45-Days of Publication of Official Gazette Notification of the Returned Candidates.
……..Secretary Election Commission of Pakistan,
Kanwar Muhammad Dilshad.
Islamabad, the 5th March, 2008.- Kanwar Muhammad Dilshad, Secretary Election Commission of Pakistan has drawn the attention to Chapter-VII (Sections 52 to 77) of the Representation of the People Act, 1976 deals with the procedure for filing election petition and the matters connected therewith. According to the aforesaid provisions of law,
1. An election petition is to be presented to the Secretary Election Commission within forty-five days of the publication in the official Gazette the name of the returned candidate and shall be accompanied by a receipt showing that the petitioner has deposited at any branch of the National Bank of Pakistan or a Government Treasury or sub-Treasury in favour of the Commissioner, under prescribed head of account, as security for the costs of the petition, a sum of one thousand rupees.
2. An election petition can be presented by the petitioner in person or by a person authorized in writing in this behalf by the petitioner or by registered post. If the petition is sent by registered post, it shall be deemed to have been presented in time, if it is posted within the aforesaid period of forty-five days.
3. Every election petition shall be filed in triplicate and shall be accompanied by all such documents and affidavits of the witnesses as are desired to be produced by the petitioner along with receipts showing that copies of the petition and the attached documents have been supplied to the respondent(s).
4. The petitioner is required to join as respondents all contesting candidates and any other candidate against whom any allegation of any corrupt or illegal practice is made and shall serve personally or by registered post on each such respondent a copy of the petition.
5. The election petition shall contain a precise statement of the material facts on which the petitioner relies and full particulars of any corrupt or illegal practice or other illegal act alleged to have been committed along with names of parties alleged to have committed such corrupt or illegal practice and the date and place of the commission of such practice together with relief claimed by the petitioner. Every election petition and every schedule or annex to that petition is to be signed by the petitioner and verified on oath.
6. In case the petition is not in accordance with the provisions as contained in section 52, 53 or section 54 of the said Act it shall be dismissed by the Chief Election Commissioner forthwith and the petitioner shall be informed accordingly.
7. In case the petition is not dismissed by the Chief Election Commissioner, the same shall be referred for trial to a Tribunal.