15/2018 E.P Tahir Hussain Khoso (Petitioner) V/S Sohrab Khan Sarki & others (Respondent)
Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
Order Date: 06-FEB-19
If a history is traced of the judicial pronouncement relating to the question in hand that concerns with the deficiencies in the election petition and deciding its fate, the first judgment that I came across is of S. M. Ayub v. Syed Yusaf Shah and others reported in PLD 1967 Supreme Court 486. It deals with the National and Provincial Assemblies (Elections) Act (VII of 1964). Section 59 of the aforesaid law is somehow peri materia to Sections 142, 143 and 144 of the present enactment of 2017. The Hon'ble Supreme Court maintained that Section 67 does not, in terms, say that the petition shall be dismissed even if there be a partial failure to comply with the provisions of Section 59, ex facie Section 67 of the Act would seem to be designed to cover a case where the petition as a whole made allegations of a vague and indefinite character, without being supported by full particulars of the corrupt or illegal practice alleged. The Hon'ble Supreme Court held that unless, therefore, the language of the law is intractable and clearly provides for dismissal of a petition for a technical defect, the Courts should not be astute to ascribe to the legislature a desire to be hypertechnical, so as to smother genuine litigation.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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