Supreme Court AJ&K Upholds Dismissal of Election Petitions Due to Non-Compliance with Mandatory Verification.
الیکشن پیٹیشنز کی قانونی تصدیق اور سپریم کورٹ AJ&K کا فیصلہ
حوالہ: 2026 CLC 195
پس منظر
بنیادی قانونی سوال
الیکشن ٹربیونل کی وجوہات
سپریم کورٹ AJ&K کا موقف
قانونی اہمیت اور اثرات
نتیجہ
Must read judgement.
2026 CLC 195
[Supreme Court (AJ&K)]
Before Raja Saeed Akram Khan, CJ and Kh. Muhammad Nasim, J
ABDUL RAZZAQ and others ---Appellants Versus
CHIEF ELECTION COMMISSION and others -Respondents
Civil Appeals Nos. 94, 95, 96, 97, 99, 120 and 128 of 2024, decided on 28th November, 2024.
(Against the judgments of the Election Tribunal dated 23.06.2023 in Election petitions Nos. 24, 25 of 2022 and 49 and 54 of 2023; 12.07.2023 in election petition No. 18/2-22; 01.08.2023 in election perition No. 103 of 2023; and 04.09.2023 in election petition No. 111/2023).
(a) Azad Jammu and Kashmir Elections Act (XVII of 2020)---
S. 83 Civil Procedure Code (V of 1908), O. VI, R. 15 & Ss. 90 & 139 Local bodies elections Election petition Verification-Principles:- (i) Under S. 83(3) of the Elections Act, 2020, every election petition and every schedule or annexure to that petition shall be signed by the petitioner and verified in the manner laid down in the Civil Procedure Code, 1908, for the verification of pleadings;(ii) The reference to the C.PC. in the provisions of 5.83(3) pertains to O. VI, R. 15, C.P.C. which mandates that every pleading must be verified on oath or solemn affirmation at its foot by the party;(iii) O. VI, R. 15, C.P.C., has to be further read in conjunction with 5. 139, C.P.C., which specifies the authorities empowered to ed to administer oaths; (iv) The provisions of S. 83 of Elections Act, 2020, are mandatory in nature and its non compliance entails dismissal of election petition under S. 90; (v) An election petition must be signed by the petitioner, not his counsel; (vii) Verification must be attested by the authorities specified under 5.139, C.P.C., including notary public; (viii) A separate affidavit cannot substitute the verification of the petition: (ix) Non-compliance with 5.83 is an incurable defect.
(b) Azad Jammu and Kashmir Elections Act (XVII of 2020)-
-S. 83---Local bodies elections-Election petition--Verification---The election petitions were signed by the counsel, not the petitioners. Furthermore, the the verification was entirely absent-Election Tribunal, therefore, correctly dismissed these peritions due to non-compliance with the mandatory provisions of law---Principles governing the mandatory provisions of S. 83 of the Elections Act, 2020, leave no room for deviation-Non-compliance with the provision(s) renders an election petition legally untenable---Supreme Court maintained the Election Tribunal's decisions to dismiss the election petition-Appeals was dismissed.
(c) Azad Jammu and Kashmir Elections Act (XVII of 2020)-
-S. 83-Civil Procedure Code (V of 1908), S. 139-Local bodies elections--Election petition--Verification-Argument of the appellant was that a separate affidavit duly attested hy the Oath Commissioner had been filed, hence, substantial compliance had been made---Validity-Although the election petition was verified, it was signed by the counsel, not the petitioner-Moreover, the verification was not made on oath and lacked attestation by any of the authorities specified under S. 139, C.P.C. Thus, the argument of appellant was misconceived-The principles governing the mandatory provisions of S.83 of the Elections Act, 2020, leave no room for deviation--Non-compliance with the provision(s) renders an election pe petition legally untenable-Supreme Court maintained the Election Tribunal's decisions to dismiss the election petition-Appeals was dismissed.
Muhammad Tazeem Anjum v. Election Commission and others Civil Appeal No. 124 of 2023 and Muhammad Rafique Nayyar's. case 2003 YLR 2784 ref.
(d) Azad Jammu and Kashmir Elections Act (XVII of 2020)-
-S. 83-Local bodies elections---Election petition---Verification---The election petition was signed and verified by the petitioner, but the attestation or verification was not acceptable---The verification was dated 18.01.2023, while the attestation bore the date 17.01.2023, which was logically and procedurally impossible, hence, the Election Tribunal had rightly dismissed the election petition--The principles governing the mandatory provisions of S. 83 of the Elections Act, 2020, leave no room for deviation-Non-compliance with the provision(s) renders an election petition legally untenable---Supreme Court maintained the Election Tribunal's decisions to dismiss the election petition---Appeals was dismissed.
Abdul Aziz Ratalvi and Muhammad Haleem Khan Advocates for Appellants (in C.As. Nos. 94-97 of 2023).
Muhammad Altaf Chaudhary Advocate for Appellant (in C.A. No. 99 of 2023).
Saqib Ahmed Abbasi and Raja Khalid Mehmood Khan Advocates for Appellants (in C.A. No. 120 of 2023).
Ch. Nasrullah Advocate for Appellant (in C.A. No. 129 of 2023).
Muhammad Zubair Raja Advocate for Respondent (in C.A. No. 94 of 2023).
Jahanzeb Khan Advocate for Respondent (in C.A. No. 95 of 2023).
Ex-parte for Respondent (in C.A. No. 96 of 2023).
Ch. Muhammad Ashraf Ayaz Advocate for Respondent (in C.A. No. 99 of 2023).
Arshad Mehmood Mallik Advocate for Respondent (in C.A. No. 120 of 2023).
Saqib Ahmed Abbasi Advocate for Respondent (in C.A. No. 128 of 2023).