Presidents Order No. 13 of 1962
Art. 11 (as
amended by article 2 of President’s Order No. 1 of 1963)
No substantial change introduced by the
amendment as to period of limitation for petition containing allegation of
corrupt or illegal practice in relation to the election expenses.
Mulla vs. Chairman & Member, Election Tribunal (1964) 16 DLR 657.
Art. 54. An
election petition in which an allegation of corrupt or illegal practice in
relation to election expenses is made, has to be filed within 14 days from the
date of receipt of the return of election expenses under Article 54 of the
President’s Order No. 13 of 1962.
Sattar Vs. Badrul Huq (1964) 16 DLR 593.
When an election petition shall be dismissed.
For petition contained in Article 9 to 14
under Chapter III of President’s Order No. 13 of 1962 the election petition
shall be dismissed by the Election Commission as contemplated by Article 15 of
the said Order. It has been further provided by way of amendment of Article
21(3) of President’s Order No. 13 of 1962 by Order No. 1 of 1963 that an
election petition shall be dismissed by the Tribunal if any provision of
Article 9 to 14 has not been complied with, notwithstanding that it has not
been dismissed by the Commission under Article 15.
Vs. Chief Election Commissioner of Pakistan, (1968) 20 DLR 883.
Art. 11: Amendment
of the election petition must be made within prescribed Lime—Whether new facts
can be introduced by amendments.
Any amendment sought to be made to the
election petition has to be made within the period prescribed for filing of an
election petition in clause (1X2) and (3) of Article 11 of President’s Order
No. 13 of 1962 (as amended).
The point at issue is whether by way of
amendment the respondent No. 3 could bring in new facts about which he made no
mention in his original election petition. When that is not done it cannot be
said that the petition becomes non- maintainable in terms of Article 21 of
President’s Order No. 13 of 1962 as amended by president’s order No. I of 1963.
If there had been any attempt to introduce any such particulars by way of
amendment to the original election petition of which no idea could be gathered
from the contents of the original election petition, then certainly the
petition would be hit by Article 21 of President’s Order 13 of 1962, as
Vs. Chief Election Commissioner of Pakistan, (1968)20 DLR 883.
particulars of corrupt or illegal practice to be set forth: Under the
provisions under Chapter III of President’s Order No. 13 of 1962, there is no
provision made for the Tribunal to declare an election void on the ground of an
illegal or corrupt practice adopted by the successful candidate of which no
mention has been made in terms of Article 12 of the Order in the election