3/2018 E.P Saifullah Abro (Petitioner) V/S Election Commission of Pakistan & others (Respondent)
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
3/2018 E.P Saifullah Abro (Petitioner) V/S Election Commission of Pakistan & others (Respondent) Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 26-NOV-18
ection 55(3) of the RoPA, 1976 to the extent of verification and signing of the schedule or annexure is peri materia to Section 144(4) of the Elections Act, 2017, however, this relevant provision is to be adjudged and tested along with the rules framed under the Elections Act, 2017. Previously, there were no such rules except (Conduct of Election) Rules, 1977 which catered the process of election (pre-election process). Rule 140 offers that every petition shall be processed by the Tribunal and in case the petition is found deficient of laid down procedure, the petitioner shall be informed accordingly, indicating the deficiency/ies in the petition, directing him to fulfill the same within seven (07) days of the receipt of communication from the Tribunal, failing which the petition is liable to be dismissed by the Tribunal. The moot question thus is whether Rule 140 has any application to Sections 142, 143 and 144 of the Elections Act, 2017.